Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 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.



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