Document ID: chunk:federal_register_of_legislation:C2024C00224:section:86a
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 86A
Character Range: 413771–415912

86A  Purpose of mediation

Proceeding not involving compensation
 (1) The purpose of mediation in a proceeding that does not involve a compensation application is to assist the parties to reach agreement on some or all of the following matters:
 (a) whether native title exists or existed in relation to the area of land or waters covered by the application;
 (b) if native title exists or existed in relation to the area of land or waters covered by the application:
 (i) who holds or held the native title;
 (ii) the nature, extent and manner of exercise of the native title rights and interests in relation to the area;
 (iii) the nature and extent of any other interests in relation to the area;
 (iv) the relationship between the rights and interests in subparagraphs (ii) and (iii) (taking into account the effects of this Act);
 (v) to the extent that the area is not covered by a non‑exclusive agricultural lease or a non‑exclusive pastoral lease—whether the native title rights and interests confer or conferred possession, occupation, use and enjoyment of the land or waters on its holders to the exclusion of all others.
Note: The matters set out in paragraphs (a) and (b) are based on those that are required, under section 225, for a determination of native title.

Proceeding involving compensation
 (2) The purpose of mediation in a proceeding that involves a compensation application is to assist the parties to reach agreement on some or all of the following matters:
 (a) the matters set out in paragraphs (1)(a) and (b) in relation to the area of land or waters covered by the application;
 (b) the amount or kind of any compensation payable;
 (c) the name of the person or persons entitled to any compensation or the method for determining the person or persons;
 (d) the method (if any) for determining the amount or kind of compensation to be given to each person;
 (e) the method for determining any dispute regarding the entitlement of a person to an amount of compensation.
Note: The matters set out in paragraphs (b) to (e) reflect the matters that, under section 94, must be set out in an order for compensation.