37Consultation and mediation

37 Consultation and mediation (1) Subject to section 34(1B), the Minister must consult with a person who lodged an objection in accordance with section 34 about the (2) Where under subsection (1) the Minister consults with any registered native title claimant or registered native title body corporate who objects to the acquisition, the consultation is to include consultation with the claimant or body about ways of minimising the impact of the acquisition on registered native title rights and interests in relation to the land, including (if section 24MD(6B)(e) of the Native Title Act applies in relation to the acquisition and it is relevant to do so) about any access to that land or the way in which anything authorised by the acquisition might be done. (3) For the purposes of subsection (1), consultation is to take place over a period of: (a) if the proposal relates to less than 5 hectares of land – 3 months; or (b) if the proposal relates to 5 or more hectares of land – 4 months, commencing at the end of 14 days after the last day on which any person is entitled under section 34 to lodge an objection to the proposal. (4) Subject to subsection (4A) and section 38, at any time within the relevant consultation period referred to in subsection (3), the Minister and the person objecting to the acquisition may agree to refer the matter to mediation and the matter is to be taken to have been referred accordingly. (4A) Subject to section 38, in the case of an acquisition to which section 5A(1)(b) applies, either the Minister or the person objecting to the acquisition may, after inquiring in writing of the other party as to that party's attitude towards mediation, refer the matter to mediation and the matter is to be taken to have been referred accordingly. (5) For the purposes of subsections (4) and (4A): (a) the parties may agree on the appointment of a mediator; or Lands Acquisition Act 1978 16 (b) if the parties agree to mediation under subsection (4) but cannot agree on the mediator or one of the parties refers the matter to mediation. (6) Nothing in this section is to be taken to prevent the parties from commencing consultations before the period referred to in subsection (3) commences. (7) The parties are encouraged to consult with a view to resolving objections and nothing in this section is to be taken to prevent the parties from doing so.