MINING ACT 1978 - SECT 125A

MINING ACT 1978 - SECT 125A

125A .         Liability for payment of compensation to native title holders

        (1)         If compensation is payable to native title holders for or in respect of the grant of a mining tenement, the person liable to pay the compensation is —

            (a)         if an amount is to be paid and held in trust, the applicant for the grant of, or the holder of, the mining tenement at the time the amount is required to be paid; or

            (b)         otherwise, the applicant for the grant of, or the holder of, the mining tenement at the time a determination of compensation is made.

        (2)         If, at the relevant time, there is no holder of the mining tenement because the mining tenement has been surrendered or forfeited or has expired, a reference in subsection (1) to the holder of the mining tenement is a reference to the holder of the mining tenement immediately before its surrender, forfeiture or expiry.

        (3)         In subsection (1) —

        grant includes extension or renewal;

        native title holders has the same meaning as in the Native Title Act 1993 of the Commonwealth.

        [Section 125A inserted: No. 61 of 1998 s. 16.]