Commonwealth Numbered Acts

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NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 32

Expedited procedure When section applies
32.(1) This section applies if the notice given under section 29 includes a
statement that the Government party considers the act is an act attracting the
expedited procedure. Act may be done if no objection

(2) If the native title parties do not lodge an objection with the arbitral
body in accordance with subsection (3), the Government party may do the act.
Kinds of objection

(3) The native title parties may, within the period of 2 months starting when
the notice is given, lodge an objection with the arbitral body against the
inclusion of the statement. Objections against inclusion of statement

(4) If the native title parties object against the inclusion of the statement,
the arbitral body must determine whether the act is an act attracting the
expedited procedure. If the arbitral body determines that it is, the
Government party may do the act. Requirement to negotiate

(5) If the arbitral body determines that the act is not an act attracting the
expedited procedure, the arbitral body must:

   (a)  request the Government party and the grantee parties to negotiate in
        good faith with the native title parties with a view to obtaining
        their agreement to:

        (i)    the doing of the act; or

        (ii)   the doing of the act subject to conditions to be complied with
               by any of the parties; and

   (b)  offer to mediate among the negotiation parties to assist in obtaining
        their agreement. 


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