Native Title Act 1993

If:

the arbitral body has not made a determination in relation to the act within the period specified in a notice under subsection 36(4); and

no agreement of the kind mentioned in paragraph 31(1)(b) has been made in relation to the act; and

the requirements of section 36B are met;

If:

the relevant Minister is a State Minister or a Territory Minister; and

the determination is that the act may be done or may be done subject to conditions to be complied with by any of the parties;

The relevant Minister may only make the determination if the relevant Minister considers that:

a determination under section 38 is unlikely to be made within a period that is reasonable having regard to all the circumstances; and

if the relevant Minister is a State Minister or a Territory Minister—it is in the interests of the State or Territory to make the determination at the time; and

if the relevant Minister is the Commonwealth Minister—it is in:

in any case—the national interest; and

if the act concerned is an act attributable to a State or Territory—the interests of the State or Territory;

Subsection (2) does not prevent the relevant Minister from having regard to other matters in deciding whether to make a determination under this section.