(1) The proponent and
native title parties must negotiate in good faith and accordingly explore the
possibility of reaching an agreement.
(2) However, the
obligation to negotiate does not arise if the case is one where a summary
determination may be made.
(3) If any of the
negotiating parties requests the ERD Court to do so, the Court must mediate
among the parties to assist in obtaining their agreement.
(4) The Minister may
(personally or by representative) intervene in negotiations under this
Division.