NATIVE TITLE ACT 1993 - SECT 86A Purpose of mediation

NATIVE TITLE ACT 1993 - SECT 86A

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.