Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_38
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 187816–189454

38  Kinds of arbitral body determinations

 (1) Except where section 37 applies, the arbitral body must make one of the following determinations:
 (a) a determination that the act must not be done;
 (b) a determination that the act may be done;
 (c) a determination that the act may be done subject to conditions to be complied with by any of the parties.

Determinations may cover other matters

 (1A) A determination may, with the agreement of the negotiation parties, provide that a particular matter that:
 (a) is not reasonably capable of being determined when the determination is made; and
 (b) is not directly relevant to the doing of the act;
is to be the subject of further negotiations or to be determined in a specified manner.

Example: The arbitral body could determine that a mining lease may be granted subject to site clearance procedures to be determined by a third person.

Matters to be determined by arbitration

 (1B) If:
 (a) the manner specified is arbitration (other than by the arbitral body); and
 (b) the negotiation parties do not agree about the manner in which the arbitration is to take place;
the arbitral body must determine the matter at an appropriate time.

Profit‑sharing conditions not to be determined

 (2) The arbitral body must not determine a condition under paragraph (1)(c) that has the effect that native title parties are to be entitled to payments worked out by reference to:
 (a) the amount of profits made; or
 (b) any income derived; or
 (c) any things produced;
by any grantee party as a result of doing anything in relation to the land or waters concerned after the act is done.