41Abandonment of proposal

41 Abandonment of proposal (1) The Minister may, at any time before the date of acquisition, abandon a proposal in relation to which section 39 or 40 applies. (2) The Minister must cause notice of the abandonment of a proposal to be given to the persons to whom notice of the proposal was given under section 29 of the Native Title Act. (3) The abandonment of a proposal does not prevent the Minister from entering into negotiations to acquire the native title rights and interests the subject of the proposal by agreement under this Act or otherwise or prevent the acquisition of those rights and interests by such agreement. (5) The abandonment of a proposal in relation to which section 40(1)(b) or (c) applies does not prevent the Minister from compulsorily acquiring the native title rights and interests the subject of the proposal if in doing so the Minister complies with Subdivision P of Division 3 of Part 2 of the Native Title Act. (6) The abandonment of a proposal in relation to which section 40(1)(a) applies does not prevent the Minister from compulsorily acquiring the native title rights and interests the subject of the proposal once a determination under section 43A(1)(b) of the Native Title Act in respect of the relevant provisions of this Act comes into force if in doing so the Minister complies with Divisions 1 and 2 of this Part and in so complying the Minister causes the relevant notices of proposal to be served under section 32(1) at least 12 months after notice of the abandonment is given under subsection (2). Part IVA Pre-acquisition procedures: certain acquisitions below highwater mark