40
In forceNo re‑opening of issues previously decided
Part 2Native Title
Division 3Future acts etc. and native title
Subdivision PRight to negotiate
40 No re‑opening of issues previously decided
If:
(a)
the arbitral body is making a determination in relation to an act consisting of the creation of a right to mine in relation to an area; and
(b)
an agreement, or a determination by an arbitral body, under this Subdivision involving the same negotiation parties was previously made in relation to a future act consisting of the creation of a right to mine in relation to the same area; and
(c)
an issue was decided in the agreement or during the inquiry;
the negotiation parties must not, without leave of the arbitral body that is making the determination, seek to vary the decision on the issue.
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