Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_36c
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 36C
Character Range: 184891–187548

36C  Section 36A determinations

Coverage of section

 (1) This section:
 (a) sets out the kind of determination that may be made under section 36A; and
 (b) states the effect of such a determination; and
 (c) contains other provisions relevant to such a determination.

Determination

 (2) The relevant Minister does not have a duty to make a determination. This is so despite:
 (a) the giving of any notice by the Minister; and
 (b) the giving of any submission or other material to the Minister; and
 (c) any request by a negotiation party for the Minister to make the determination; and
 (d) any other circumstance.

Who makes determination

 (3) A determination must be made by the relevant Minister personally.

Kinds of determination

 (4) The relevant Minister may make any 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 negotiation parties.

Trust condition

 (5) If 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 and Division 1 of Part 3). However, if the arbitral body is not the NNTT, it may be able to do so.

Conditions to have contractual effect

 (6) If the act is done, any conditions in a determination by the relevant Minister under this section have effect, in addition to any effect that they may have apart from this subsection, as if they were terms of a contract among the negotiation parties. If a native title party is a registered native title claimant, any other person included in the native title claim group (see section 253) concerned is a negotiation party for this purpose only.

Copy of determination to be tabled

 (7) The relevant Minister must, as soon as practicable after making a determination, and in any case within 15 sitting days, cause a copy of the determination, together with reasons for the determination, to be laid:
 (a) if the relevant Minister is the Commonwealth Minister—before each House of the Parliament; or
 (b) if the relevant Minister is a State Minister—before the House, or both of the Houses, of Parliament of the State concerned; or
 (c) if the relevant Minister is a Territory Minister—before the Legislative Assembly of the Territory concerned.