12BArbitration on agreement between Land Council and Director

#### 12B Arbitration on agreement between Land Council and Director (1) Where the Minister is satisfied that a Land Council and the Director are unable to agree on the terms of an agreement to be entered into by them in compliance with the condition referred to in subsection 12(2B), the Minister may, after consulting with the Land Council and with the Director, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine the terms of an agreement that, in the opinion of the Arbitrator, complies with that condition and should be acceptable to the Land Council and to the Director. (2) An agreement determined by the Arbitrator under subsection (1) shall not include a term or condition (whether in the agreement or in a lease the terms and conditions of which are set out in the agreement) that: (a) requires the Land Council or Land Trust concerned to take any action that it is not authorized to take by, or under, this Act or any other Act or by, or under, a law of the Northern Territory; or (b) requires the Director to take any action that the Director is not authorized to take by, or under, the Environment Protection and Biodiversity Conservation Act 1999 or any other Act or by, or under, a law of the Northern Territory. (3) Where the Arbitrator has determined the terms of an agreement under subsection (1), the Land Council concerned and the Director shall enter into that agreement. (4) Where the Minister is satisfied that a Land Council has refused, or is unwilling, to enter into an agreement with the Director as required by subsection (3), the Minister may, on behalf of the Land Council, enter into the agreement with the Director.