New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 45F

45F Access arrangement required for prospecting operations under low-impact prospecting titles

(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 prospecting title is subject to the condition that the holder of the prospecting title is not authorised to carry out prospecting operations on any relevant land otherwise than in accordance with an access arrangement under Part 4A between the holder of the prospecting title 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 Part, or that is determined for them by an arbitrator in accordance with that Part, and

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

(3) This section does not apply in any case in which Part 4A is excluded because of section 69A (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 Part 4A with respect to landholders who are not native title holders.