MINING ACT 1992 - SECT 32F
Access arrangement required for prospecting operations under low-impact licences
MINING ACT 1992 - SECT 32F
Access arrangement required for prospecting operations under low-impact licences
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.