94Determination of disputes

94 Determination of disputes

(1) The owner or occupier of land, a native title holder or the holder of an authority may—

(a) apply to the Tribunal for the determination of a disputed claim for compensation in relation to private land or their interests as native title holders (other than a claim for just terms compensation under section 53(1) of the Native Title Act); or

(b) refer a disputed claim referred to in paragraph (a) to the Supreme Court for determination—

in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and as if the authority holder were the Authority referred to in that Part.

(2) A person may only make an application to the Tribunal in respect of a claim, or refer a claim to the Supreme Court under subsection (1), after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application in respect of, or who refers, a claim under subsection (1) is only entitled to have that claim determined by the Tribunal or the Court (as the case requires) if the Tribunal or the Court is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

(4) In its application to a claim that is the subject of an application or reference under subsection (1), Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if—

(a) it required the Tribunal or the Court
(as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and

(b) section 91(1) provided that the holder of the authority must pay its own costs and the costs of the other party unless—

(i) the other party is not the owner, occupier or native title holder of land in the authority area; or

(ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably—

in which case the Tribunal or the Court (as the case requires) may, subject to that section, award the costs that it thinks are appropriate.

(5) In determining how much compensation is due to a native title holder in any dispute concerning Crown land, the Tribunal or Court must take into account any relevant amount that has been determined or agreed as compensation under the Native Title Act in relation to that land.

(6) The holder of the authority must lodge a copy of a determination under this section with the Minister.