Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 43B

Mining rights covering both alternative provision area and other area

                   If:

                     (a)  a particular future act is the creation or variation of a right to mine in both an alternative provision area (as defined in subsection 43A(2)) and an area (the other area ) that is not an alternative provision area; and

                     (b)  because of section 43A, provisions of a State or Territory law would, apart from this section, have effect in relation to the act;

then, for the purposes of this Subdivision:

                     (c)  the act is taken to consist of 2 separate acts, as follows:

                              (i)  one act consisting of the creation or variation of that right to mine, but only in the alternative provision area; and

                             (ii)  the other act consisting of the creation or variation of that right to mine, but only in the other area; and

                     (d)  the act mentioned in subparagraph (c)(ii) is taken to be done only when the right concerned is first exercised in the other area.

Note:          In effect, this section splits the act in 2 (for "right to negotiate" purposes only). Only the "act" mentioned in subparagraph (c)(i)--not the "act" mentioned in subparagraph (c)(ii)--attracts the alternative provisions under section 43A.



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