Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 87

Application

             (1)  This section applies if, at any stage of proceedings after the end of the period specified in the notice given under section 66:

                     (a)  agreement is reached between the parties on the terms of an order of the Federal Court in relation to:

                              (i)  the proceedings; or

                             (ii)  a part of the proceedings; or

                            (iii)  a matter arising out of the proceedings; and

                     (b)  the terms of the agreement, in writing signed by or on behalf of the parties, are filed with the Court; and

                     (c)  the Court is satisfied that an order in, or consistent with, those terms would be within the power of the Court.

Power of Court

          (1A)  The Court may, if it appears to the Court to be appropriate to do so, act in accordance with:

                     (a)  whichever of subsection (2) or (3) is relevant in the particular case; and

                     (b)  if subsection (5) applies in the particular case--that subsection.

Agreement as to order

             (2)  If the agreement is on the terms of an order of the Court in relation to the proceedings, the Court may make an order in, or consistent with, those terms without holding a hearing or, if a hearing has started, without completing the hearing.

Note:          If the application involves making a determination of native title, the Court's order would need to comply with section 94A (which deals with the requirements of native title determination orders).

Agreement as to part of proceedings

             (3)  If the agreement relates to a part of the proceedings or a matter arising out of the proceedings, the Court may in its order give effect to the terms of the agreement without, if it has not already done so, dealing at the hearing with the part of the proceedings or the matter arising out of the proceedings, as the case may be, to which the agreement relates.

Orders about matters other than native title

             (4)  Without limiting subsection (2) or (3), if the order under that subsection does not involve the Court making a determination of native title, the order may give effect to terms of the agreement that involve matters other than native title.

             (5)  Without limiting subsection (2) or (3), if the order under that subsection involves the Court making a determination of native title, the Court may also make an order under this subsection that gives effect to terms of the agreement that involve matters other than native title.

             (6)  The jurisdiction conferred on the Court by this Act extends to:

                     (a)  making an order under subsection (2) or (3) that gives effect to terms of the agreement that involve matters other than native title; and

                     (b)  making an order under subsection (5).

             (7)  The regulations may specify the kinds of matters other than native title that an order under subsection (2), (3) or (5) may give effect to.

Agreed statement of facts

             (8)  If some or all of the parties to the proceeding have reached agreement on a statement of facts, one of those parties may file a copy of the statement with the Court.

             (9)  Within 7 days after a statement of facts agreed to by some of the parties to the proceeding is filed, the Registrar of the Court must give notice to the other parties to the proceeding that the statement has been filed with the Court.

           (10)  In considering whether to make an order under subsection (2), (3) or (5), the Court may accept a statement of facts that has been agreed to by some or all of the parties to the proceedings but only if those parties include:

                     (a)  the applicant; and

                     (b)  the party that the Court considers was the principal government respondent in relation to the proceedings at the time the agreement was reached.

           (11)  In considering whether to accept under subsection (10) a statement of facts agreed to by some of the parties to the proceedings, the Court must take into account any objections that are made by the other parties to the proceedings within 21 days after the notice is given under subsection (9).