Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 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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