MINING ACT 1992 - SECT 138 Application of Division

MINING ACT 1992 - SECT 138

138 Application of Division

(1) This Division applies to the carrying out of prospecting operations under exploration licences and assessment leases (referred to in this Division as
"prospecting titles" ) on any land.

(2) However, this Division does not apply so as to require an access arrangement in respect of a landholder who is a native title holder if the prospecting title concerned was granted or renewed after compliance with Subdivision P of Division 3 of Part 2 of the Commonwealth Native Title Act and the grant or renewal of the title was not an act that attracted the expedited procedure under and within the meaning of that Subdivision. In addition, this Division does not apply if the prospecting title concerned was granted or renewed after compliance with a registered indigenous land use agreement under that Act and the agreement provides that an access arrangement is not required under this Division in respect of such a landholder.

(3) This Division applies, in the case of a prospecting title that is a low-impact exploration licence, as though a reference in this Division to a landholder included a reference to--

(a) any registered native title body corporate, and

(b) any registered native title claimant,

in relation to the land over which the licence is granted.

Note : Section 32F imposes a condition on low-impact exploration licences that requires an access arrangement to be entered into under this Division between the holder of the licence and each registered native title body corporate and registered native title claimant.