Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 86F

Parties may negotiate for agreement

  (1)   Some or all of the parties to a proceeding in relation to an application may negotiate with a view to agreeing to action that will result in any one or more of the following:

  (a)   the application being withdrawn or amended;

  (b)   the parties to the proceeding being varied;

  (c)   any other thing being done in relation to the application.

The agreement may involve matters other than native title.

Assistance by NNTT

  (2)   The parties may request assistance from the NNTT in negotiating the agreement.

Information obtained in providing assistance not to be used or disclosed in other contexts

  (2A)   The NNTT must not use or disclose information to which it has had access only because it provided assistance in negotiating the agreement except for the following purposes:

  (a)   providing assistance in negotiating the agreement;

  (b)   mediating in relation to the whole or any part of the proceeding;

without the prior consent of the person who provided the NNTT with the information.

Court may order adjournment to help negotiations

  (3)   The Federal Court may order an adjournment of the proceeding to allow time for the negotiations. It may do so on its own motion or on application by a party.

Court may end adjournment

  (4)   The Federal Court may order that the adjournment end. It may do so:

  (a)   on its own motion; or

  (b)   on application by a party; or

  (c)   if the NNTT reports that the negotiations are unlikely to succeed.

Court's powers not limited

  (5)   Subsection   (3) does not limit the Federal Court's powers to order an adjournment.