Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_41
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 192769–194087

41  Effect of determination or agreement

 (1) Subject to this section:
 (a) a determination by the arbitral body; or
 (b) an agreement of the kind mentioned in paragraph 31(1)(b);
that the act may be done subject to conditions being complied with by the parties has effect, if the act is done, as if the conditions were terms of a contract among the negotiation parties. The effect is in addition to any other effect that the agreement or determination may have apart from this subsection.

Other negotiation parties

 (2) If a native title party is a registered native title claimant, any other person included in the native title claim group concerned is taken to be a negotiation party for the purposes only of subsection (1).

Trust condition

 (3) If, in the case of a determination by the arbitral body, a condition to be complied with is that an amount is to be paid and held in trust until it is dealt with in accordance with section 52:
 (a) the arbitral body must determine the amount; and
 (b) the amount, when paid, must be held in trust in accordance with the regulations until it is dealt with in accordance with section 52.

Note: The NNTT cannot determine compensation (see Division 5 of this Part and Division 1 of Part 3). However, if the arbitral body is not the NNTT, it may be able to do so.