Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_136gc:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 136GC (pt 1/2)
Character Range: 65509–68238

136GC  Review on whether there are native title rights and interests

President may refer issue for review

 (1) The President may refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation land or waters within the area that is the subject of the proceeding.

Referral on recommendation of presiding member

 (2) The issue may only be referred if:
 (a) the issue arises in the course of mediation by the Tribunal in the proceeding; and
 (b) the member presiding at a conference held under section 136A in relation to the proceeding recommends that the review be conducted.

Recommendation by presiding member

 (3) The presiding member may only make the recommendation if the presiding member considers, after consultation with the parties to the proceeding, that a review of the issue would assist the parties to reach agreement on any of the matters mentioned in subsection 86A(1).

Member must conduct review

 (4) A review must be conducted by a member of the Tribunal.

Assistance for member conducting review

 (5) The member conducting a review may be assisted by another member of the Tribunal or by a member of the staff of the Tribunal.

Parties may give documents and information

 (6) A party in the proceeding may give documents or information to the member conducting the review for the purposes of the review. A party who gives documents or information is a participating party.

Statements at review are without prejudice

 (7) In a proceeding before the Court, unless the participating parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done in the course of the review.

Member not to take further part in relation to a proceeding

 (8) Unless the participating parties otherwise agree, a member who presides over, or assists in, the conduct of a review may not, in any other capacity, take any further part in the proceeding.

Mediation may continue

 (9) If an issue has been referred for review under subsection (1), the presiding member may continue mediation if he or she considers that it is appropriate.

If mediation ceases, review must cease

 (10) If mediation ceases by order of the Federal Court under section 86C, the review must cease.

Consultants

 (11) If a consultant is engaged under subsection 131A(1) to conduct the mediation in relation to the proceeding, this Division applies as if the consultant were a member of the Tribunal.

 (12) If a consultant is engaged under subsection 131A(1) to conduct a review under this Division, this Division applies in relation to that