Figure 4: Negotiation in Good Faith – Comparison of Current NTA Provisions & Exposure Draft Timeline Current Proposed (months) Section 29 Section 29 Notice 0 Notice 1 Right to Negotiate Right to Negotiate negotiate requirements will 2 in be codified. good faith NNTT may make NNTT may Parties to orders about the be asked to 3 negotiate in period of time mediate good faith before another determination can be sought if no 4 Parties are NIGF found. to use “all 5 efforts to reach agreement. Good faith Agreement No Agreement No Agreement Good Faith 6 Inquiry Arbitration Agreement Arbitration by NNTT lodged with Good 7 NNTT Good Faith 8 with arbitration is Faith Tenement NNTT Arbitration dismissed. granted 14 NNTT to inquire if dismissed 9 “all reasonable” by NNTT 1 efforts had been Good faith used to reach Tenement Determination: 10 agreement and if found granted Future act can all codified good be done faith requirements 1. Party applying for are met. 11 arbitration must first (Inquiry will take Determination: show that it has NIGF. indeterminate Future act 3 Tenement 2 amount of time.) cannot be done 2. If NIGF found granted 12 – arbitration can No good faith progress. 2 OR 13 If NIGF not found – faith 15 Notes: Determination: Determination: 16 The times at which the above events occur are Arbitration Future act Future act can approximate (except for the blue boxes which show the cannot be done dismissed be done minimum number of months before an arbitration 17 application can be made). Good faith
Figure 4: Negotiation in Good Faith – Comparison of Current NTA Provisions & Exposure Draft Timeline Current Proposed (months) Section 29 0 Notice 1 Right to Negotiate Section 29 Notice Right to Negotiate 2 Parties to 3 negotiate in good faith 4 5 NNTT may be asked to mediate Parties are to use “all efforts to reach agreement. Good faith requirements will be codified. negotiate in good faith NNTT may make orders about the period of time before another determination can be sought if no NIGF found. Agreement No Agreement 6 Agreement lodged with 7 NNTT 8 Arbitration by NNTT Good Faith Good Faith Inquiry No Agreement Arbitration Good Tenement granted 9 10 Determination: Future act can be done 11 Tenement 12 granted 13 14 Good faith found Determination: Future act cannot be done No good faith Arbitration dismissed with NNTT Tenement granted 1. Party applying for arbitration must first show that it has NIGF. 2. If NIGF found – arbitration can progress. OR If NIGF not found – arbitration is dismissed. by NNTT 1 3 2 Faith NNTT to inquire if “all reasonable” efforts had been used to reach agreement and if all codified good faith requirements are met. (Inquiry will take indeterminate amount of time.) 2 15 Notes: 16 The times at which the above events occur are approximate (except for the blue boxes which show the minimum number of months before an arbitration 17 application can be made). Determination: Future act can be done Good faith Determination: Future act cannot be done faith Arbitration dismissed
Western%20Australian%20Government%20Submission%20[DOC%201MB].docx