38Kinds of arbitral body determinations

38  Kinds of arbitral body determinations  (1) Except where section 37 applies, the arbitral body must make one of the following determinations:  (a) a determination that the act must not be done;  (b) a determination that the act may be done;  (c) a determination that the act may be done subject to conditions to be complied with by any of the parties. Determinations may cover other matters  (1A) A determination may, with the agreement of the negotiation parties, provide that a particular matter that:  (a) is not reasonably capable of being determined when the determination is made; and  (b) is not directly relevant to the doing of the act; is to be the subject of further negotiations or to be determined in a specified manner. Example: The arbitral body could determine that a mining lease may be granted subject to site clearance procedures to be determined by a third person. Matters to be determined by arbitration  (1B) If:  (a) the manner specified is arbitration (other than by the arbitral body); and  (b) the negotiation parties do not agree about the manner in which the arbitration is to take place; the arbitral body must determine the matter at an appropriate time. Profit‑sharing conditions not to be determined  (2) The arbitral body must not determine a condition under paragraph (1)(c) that has the effect that native title parties are to be entitled to payments worked out by reference to:  (a) the amount of profits made; or  (b) any income derived; or  (c) any things produced; by any grantee party as a result of doing anything in relation to the land or waters concerned after the act is done.