Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 22H

Requirement to notify: mining rights

             (1)  If:

                     (a)  an act that is attributable to a State or Territory consists of:

                              (i)  the creation of a right to mine; or

                             (ii)  the variation of such a right to extend the area to which it relates; or

                            (iii)  the extension of the period for which such a right has effect, other than under an option or right of extension or renewal created by the lease, contract or other thing whose grant or making created the right to mine; and

                     (b)  the act took place at any time during the period from the beginning of 1 January 1994 until the end of 23 December 1996; and

                     (c)  at any time before the act was done, either:

                              (i)  a grant of a freehold estate or a lease was made covering any of the land or waters affected by the act; or

                             (ii)  a public work was constructed or established on any of the land or waters affected by the act;

the State or Territory must, before the end of 6 months after the commencement of the law of the State or Territory that validates intermediate period acts attributable to the State or Territory in accordance with section 22F:

                     (d)  give notice containing the details set out in subsection (2) to any registered native title body corporate, any registered native title claimant and any representative Aboriginal/Torres Strait Islander body, in relation to any of the land or waters affected by the act; and

                     (e)  notify the public in the determined way of the details set out in subsection (2).

Details

             (2)  The details are:

                     (a)  the date on which the act was done; and

                     (b)  the kind of mining involved; and

                     (c)  sufficient information to enable the area affected by the act to be identified; and

                     (d)  information about the way in which further details about the act may be obtained.



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