TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 73 Coming into effect of agreement

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 73

    (1)     A land use activity agreement comes into effect on the publication of the notice of the registration of the agreement in the Government Gazette or on any later date that is specified in the agreement.

    (2)     Despite the coming into effect of a land use activity agreement, the agreement is taken not to apply to—

        (a)     any public land authorisation or earth resource or infrastructure authorisation in existence before the coming into effect of the agreement; and

        (b)     any other land use activity, that had commenced before the coming into effect of the agreement.

    (3)     Despite the coming into effect of a land use activity agreement, the agreement is taken not to apply to a land use activity within the meaning of paragraph (b) of the definition of land use activity if—

        (a)     in relation to the land that would be the subject of the activity, there was in force immediately before the coming into effect of the agreement an old earth resource approval granted on the basis that the activity to which the approval relates was valid or had been validated under the Native Title Act; and

        (b)     the land use activity is subsequent on the granting of the old earth resource approval to which paragraph (a) applies and the activity to be authorised is the same activity as that to which the old earth resource approval relates.

    (4)     In this section, "old earth resource approval" means any lease, licence, permit or other authority under the following—

        (a)     the Mineral Resources (Sustainable Development) Act 1990 ;

        (b)     the Petroleum Act 1998 ;

        (c)     the Pipelines Act 2005 ;

        (d)     the Geothermal Energy Resources Act 2005 ;

        (e)     the Petroleum (Submerged Lands) Act 1982 ;

        (f)     the Greenhouse Gas Geological Sequestration Act 2008 .