38Application to Tribunal

38 Application to Tribunal (1) At any time: (a) after: (i) the end of the relevant consultation period referred to in section 37(3); or (ii) if a matter was referred to mediation under section 37(4) or (4A) and the parties have agreed to the mediation being conducted or continuing to be conducted during a further period of 30 days after the relevant consultation period referred to in section 37(3) – the end of that further period; or (b) if the Minister and the person objecting have agreed in writing that neither party may take action under this section until after a longer period has expired – after that longer period, either the Minister or the person objecting to the acquisition may apply to the Tribunal to have the objection to the acquisition heard. (2) The Tribunal must not proceed to hear and make recommendations about the objection unless the parties to the proceeding have complied with sections 36, 37 and 38. (3) For subsection (2), the non-participation in the consultation process by the party objecting to the acquisition is not a ground for refusal by the Tribunal to hear and make recommendations about the objection. Lands Acquisition Act 1978 17 38AA Criteria for making recommendation (1) In making a recommendation in relation to the acquisition of land, the Tribunal must take into account all matters that the Tribunal considers relevant. (2) Where registered native title rights and interests will be or may be affected by the acquisition, the matters that the Tribunal must take into account under subsection (1) include: (a) all objections in relation to the effect that the acquisition will have or is likely to have on registered native title rights and interests that were referred to the Tribunal and all submissions made to the Tribunal about those objections, which may include objections and submissions about those objections as to the effect of the acquisition on any of the following: (i) the enjoyment by the native title claim group of those registered native title rights and interests; (ii) the way of life, culture and traditions of the native title claim group; (iii) the development of the social, cultural and economic structures of the native title claim group; (iv) the freedom of access by the native title claim group to the land or waters concerned and their freedom to carry out rites, ceremonies or other activities of cultural significance on the land or waters in accordance with their traditions; (v) any area or site, on the land or waters concerned, of particular significance to the native title claim group in accordance with their traditions; (b) ways of minimising the impact of the acquisition on registered native title rights and interests, including in relation to access to the land the subject of the acquisition; (c) the economic or other significance of the acquisition to the Territory and to the region in which the land the subject of the acquisition is located, including the Aboriginal peoples who live in that region; and (d) the public interest in the acquisition. Lands Acquisition Act 1978 18 (3) Before making a recommendation in relation to the acquisition of land: (a) the Tribunal must inquire of the parties to the proceeding whether there are any issues relevant to its recommendation in relation to which the parties have reached agreement; and (b) if such an agreement has been reached and the parties consent to the Tribunal doing so, the Tribunal must (if relevant) take the agreement into account. (4) In subsection (2)(a), native title claim group, in relation to registered native title rights and interests, means: (a) the registered native title claimants and the persons on whose behalf the claim in respect of those native title rights and interests is made; or (b) the persons in respect of whom there is an approved determination of native title to the effect that those persons hold native title, including the members of a registered native title body corporate.