Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 39

39.(1) In making its determination, the arbitral body must take into account
the following:

   (a)  the effect of the proposed act on:

        (i)    any native title rights and interests; and

        (ii)   the way of life, culture and traditions of any of the
               native title parties; and

        (iii)  the development of the social, cultural and economic structures
               of any of those parties; and

        (iv)   the freedom of access by any of those parties to the lands or
               waters concerned and their freedom to carry out rites,
               ceremonies or other activities of cultural significance on the
               lands or waters in accordance with their traditions; and

        (v)    any area or site, on the land or waters concerned, of
               particular significance to the native title parties in
               accordance with their traditions; and

        (vi)   the natural environment of the land or waters concerned;

   (b)  any assessment of the effect of the proposed act on the natural
        environment of the land or waters concerned:

        (i)    made by a court or tribunal; or

        (ii)   made, or commissioned, by the Crown in any capacity or by a
               statutory authority;

   (c)  the interests, proposals, opinions or wishes of the native title
        parties in relation to the management, use or control of the lands or
        waters concerned;

   (d)  the economic or other significance of the proposed act to Australia
        and to the State or Territory concerned;

   (e)  any public interest in the proposed act proceeding;

   (f)  any other matter that the arbitral body considers relevant. Laws
        protecting sites of significance etc. not affected

(2) Taking into account the effect of the proposed act on areas or sites
mentioned in subparagraph (1)(a)(v) does not affect the operation of any law
of the Commonwealth, a State or Territory for the preservation or protection
of those areas or sites.