Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p22
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 50679–53263

matter to be arbitrated.
"(6) In making a determination under paragraph (4) (d), the matters that the Arbitrator shall take into account include—
     (a) the location of any sacred site; and
(b) the location of any residential area.
"(7) It is the intention of the Parliament that a route that is agreed upon under sub-section (4), or determined under that sub-section by an Arbitrator, is not to be taken to be, and, subject to section 68, shall not become, a road over which the public has a right of way.".

Application of laws of Northern Territory to Aboriginal land
34. Section 74 of the Principal Act is amended by adding at the end the following sub-section:
"(2) Without limiting the generality of sub-section (1), the Control of Waters Ordinance 1938 of the Northern Territory, as amended and in force on 28 May 1986, is a law of the Northern Territory that is capable of operating concurrently with this Act.".
35. After section 77 of the Principal Act the following sections are inserted:

Consents of traditional Aboriginal owners
"77a. Where, for the purposes of sub-section 11a (3), 19 (5), 23 (3), 48 (1) or 68 (2), the traditional Aboriginal owners of an area of land are required to have consented, as a group, to a particular act or thing, the consent shall be taken to have been given if—
     (a) in a case where there is a particular process of decision making that, under the Aboriginal tradition of those traditional Aboriginal owners or of the group to which they belong, must be complied with in relation to decisions of that kind—the decision was made in accordance with that process; or
     (b) in a case where there is no such process of decision making—the decision was made in accordance with a process of decision making agreed to and adopted by those traditional Aboriginal owners in relation to the decision or in relation to decisions of that kind.

Conduct by director, servants or agents
"77b. (1) Where, in a proceeding under this Act in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of the person's actual or apparent authority, had that state of mind.
"(2) Any conduct engaged in on behalf of a body corporate—
     (a) by a director, servant or agent of the body corporate within the scope of the person's actual or apparent authority; or
     (b) by any other person at the direction or with the