38AProcedure if no objections lodged, objections withdrawn, &c.

38A Procedure if no objections lodged, objections withdrawn, &c. (1) An objection lodged under section 34 may be withdrawn at any time by notice in writing given to the Minister. (2) If: (a) at the end of the last day on which any person is entitled under section 34 to lodge an objection to a proposal, no such objections have been lodged; or (b) after the last day on which any person was entitled under section 34 to lodge an objection to a proposal but immediately before the Minister determines whether or not to proceed with the proposal in respect of each objection lodged, either: (i) the objection has been withdrawn; or (ii) if the objection was lodged by a registered native title claimant – the claimant has been removed from the Register of Native Title Claims for a reason other than because an approved determination of native title that the claimant holds native title in any of the land proposed to be acquired has been made or the claimant has been replaced under section 66B of the Native Title Act, Lands Acquisition Act 1978 19 the Minister may proceed to compulsorily acquire the land. (3) If, after an objection to a proposal has been referred to the Tribunal under section 38, the circumstances in subsection (2)(b)(i) or (ii) occur in relation to the proposal: (a) the Minister must notify the Tribunal in writing of that fact; and (b) on being so notified, the Tribunal must not proceed to make a determination in respect of the matter. (4) If the circumstances in subsection (2)(b)(i) or (ii) occur in relation to a proposal after the Tribunal has made a recommendation in relation to the proposal, section 45 does not apply and the Minister may proceed to compulsorily acquire the land.