(a) the requirements of sections 31, 49, 62 and 188 that certain rights
cannot be exercised or leases or mineral claims cannot be granted except with
the written consent of a person or persons specified in the relevant section,
and
(b) the provision in section 81 that certain activities may be carried
out with the consent of the landholder, and
(c) the requirement of
section 140 that certain operations may not be carried out otherwise than in
accordance with an access arrangement agreed with each landholder or
determined by an arbitrator as referred to in section 140 (1) (b), and
(d)
the requirements of any regulations made under section 164 (6) or 211 (6) that
restrict the exercise of a right of way otherwise than in accordance with the
consent of the landholder, and
(e) the requirements of sections 166 and 213
that certain resources cannot be utilised otherwise than in accordance with
the consent of the landholder, and
(h) the requirement of section 265 (4)
that rights cannot be exercised unless the amount of compensation payable to a
landholder in respect of a mining area is the subject of a valid agreement or
of an assessment.
(2) If a landholder or other person whose consent or
agreement must or may be obtained for a purpose mentioned in subsection (1)
(a)-(e) or in relation to whom compensation must be agreed on or assessed for
the purpose mentioned in subsection (1) (h) cannot, after diligent inquiry, be
found or identified--
(a) the rights may be exercised or the lease or mineral
claim may be granted without the written consent of the landholder or person
concerned, or
(b) the operations may be carried out without the consent of
the landholder, or
(c) the operations may be carried out in accordance with
any access arrangement made with, or determined in respect of, those
landholders (if any) who have been found or identified without the agreement
of a landholder who has not been found or identified, or
(d) the right of way
may be exercised without the consent of the landholder, or
(e) the resources
may be utilised without the consent of the landholder, or
(g) the rights
under the mining lease may be exercised without the agreement as to, or the
assessment of, the compensation.
(3) For the purposes of subsection (2), a
landholder who is a native title holder is taken to have been unable, after
diligent inquiry, to be identified if--
(a) where the purpose for which the
landholder's consent or agreement is required to be obtained is an act to
which Subdivision P of Division 3 of Part 2 of the Commonwealth Native Title
Act applies--
(i) notice of an intention to carry out that purpose is given by
the Government party under section 29 of that Act, and
(ii) at the expiration
of the prescribed period, the landholder is neither a registered native title
claimant nor a registered native title body corporate in relation to the land
concerned, or
(b) where the purpose for which the landholder's consent or
agreement is required to be obtained is not such an act--
(i) notice of an
intention to carry out that purpose is served in the manner authorised by
section 383 (1) and (4), on any representative Aboriginal/Torres Strait
Islander bodies for an area that includes the land concerned, and
(ii) at the
expiration of the prescribed period, the landholder is neither a registered
native title claimant nor a registered native title body corporate in relation
to the land concerned.
(4) In this section--
"Government party" has the same meaning as it has in the Commonwealth Native
Title Act.
"prescribed period" means--
(a) in relation to a notice referred to in
subsection (3) (a)--the period of 4 months referred to in section 30 of the
Commonwealth Native Title Act, or
(b) in relation to a notice referred to in
subsection (3) (b)--the period of 4 months commencing on service of the
notice.
