Commonwealth Numbered Acts

NATIVE TITLE ACT 1993 No. 110, 1993 - SECT 26

26.(1) This Subdivision applies if the Commonwealth, a State or Territory
(the "Government party") proposes, at any time after the commencement of this
Subdivision, to do any permissible future act covered by subsection (2) in
relation to an onshore place. Acts covered

(2) Subject to subsection (3), the acts are as follows:

   (a)  the creation of a right to mine, whether by the grant of a mining
        lease or otherwise;

   (b)  the variation of such a right, to extend the area to which it relates;

   (c)  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;

   (d)  the compulsory acquisition of native title rights and interests under
        a Compulsory Acquisition Act, where the purpose of the acquisition is
        to confer rights or interests in relation to the land or waters
        concerned on persons other than the Government party;

   (e)  any other act approved by the Commonwealth Minister, in writing, for
        the purposes of this paragraph. Exclusions

(3) Subsection (2) does not apply if the act is:

   (a)  an act to which section 24 or 25 applies; or

   (b)  an act determined in writing by the Commonwealth Minister to be an act
        excluded from the coverage of subsection (2). Criteria for exclusions

(4) The Commonwealth Minister must not determine that a future act is excluded
from the coverage of subsection (2) unless:

   (a)  the Commonwealth Minister considers the act will have minimal effect
        on any native title concerned; and

   (b)  the Commonwealth Minister has:

        (i)    notified any relevant representative Aboriginal/Torres Strait
               Islander bodies, and notified the public in the determined way,
               of the proposed determination; and

        (ii)   invited submissions from them about it; and

   (c)  the Commonwealth Minister is satisfied that, if the proposed
        determination is made, any native title holders concerned will be
        appropriately consulted about any access, to any land or waters to
        which the native title relates, that may be authorised as a
        consequence of the act or of an act included in the class of act
        concerned.