New South Wales Consolidated Acts

NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - SECT 36

36 Determinations of ADT

(1) The Tribunal may make one of the following determinations with respect to an objection referred to it under this Part:

(a) a determination that the proposed act may be done,

(b) a determination that the proposed act may be done, subject to conditions,

(c) a determination that the proposed act not be done.

(2) When making a determination, the Tribunal is to take into account:

(a) the likely impact of the proposed act on the objector’s registered native title rights and interests, and

(b) the measures proposed to be taken to minimise that impact, and

(c) the social, economic or other public benefits likely to result from the doing of the proposed act (including in the relevant region or locality of the State).

(3) The Tribunal may dismiss an objection if it determines that the objection has not been duly made on a ground provided by section 24MD (6B) (d) of the Commonwealth Native Title Act.