New South Wales Consolidated Acts

MINING ACT 1992 - SECT 32F

32F Access arrangement required for prospecting operations under low-impact licences

(1) In this section, "relevant land" means land in relation to which there are registered native title bodies corporate or registered native title claimants.

(2) A low-impact exploration licence is subject to the condition that the holder of the licence is not authorised to carry out prospecting operations on any relevant land otherwise than in accordance with an access arrangement under Division 2 of Part 8 between the holder of the licence and each registered native title body corporate or each registered native title claimant, being an access arrangement:

(a) that is agreed between them in accordance with that Division, or that is determined for them by an arbitrator in accordance with that Division, and

(b) that has involved consultation by the holder of the licence that satisfies the requirements of section 26A of the Commonwealth Native Title Act.

(3) This section does not apply in any case in which Division 2 of Part 8 is excluded because of section 138 (2) (which relates to prospecting title granted after compliance with the full native title right to negotiate procedure or an indigenous land use agreement).

(4) This section does not limit the operation of Division 2 of Part 8 with respect to landholders who are not native title holders.