45Mineral rights and mining on Aboriginal land

#### 45 Mineral rights and mining on Aboriginal land 45 Mineral rights and mining on Aboriginal land > > (1) In this section— > > > > > (a) mining operations means prospecting, exploring or mining for mineral resources or other natural resources, and > > > > > (b) uranium has the same meaning as it has in the [Mining Act 1992](/view/html/inforce/current/act-1992-029). > > > (2) Notwithstanding any other Act, but subject to this section— > > > > > (a) any transfer of lands to an Aboriginal Land Council under section 36 includes the transfer of the mineral resources or other natural resources contained in those lands, > > > > > (b) any vesting of the title to lands in an Aboriginal Land Council under section 37 includes, subject to that section, the vesting of the title to the mineral resources or other natural resources contained in those lands, and > > > > > (c) where— > > > > > > > (i) an Aboriginal Land Council purchases lands under section 38, or > > > > > > > (ii) lands are acquired under section 39 and vested in an Aboriginal Land Council, > > > > > > any mineral resources or other natural resources which were, immediately before the purchase or vesting, vested in the Crown shall, on that purchase or vesting, become vested in the Aboriginal Land Council. > > > (3) To the extent to which an Act provides for a person to explore for or exploit mineral resources, or other natural resources, vested in another person, the Act does not apply to or in respect of mineral resources, or other natural resources, vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council. > > > (4) Subject to this section, no person shall carry on mining operations on the lands of an Aboriginal Land Council without the consent of that Council. > > > (5) An Aboriginal Land Council may give a consent under subsection (4) subject to such terms and conditions, including terms or conditions with respect to payment of fees or royalties, as it thinks fit to impose. > > > (6) A Local Aboriginal Land Council shall not give its consent under subsection (4) unless either— > > > > > (a) the New South Wales Aboriginal Land Council, or > > > > > (b) the Court, under subsection (8), > > > > has approved of the consent being given and of any terms and conditions proposed to be attached to the consent. > > > (7) Where a Local Aboriginal Land Council has submitted to the New South Wales Aboriginal Land Council a proposal to give a consent under subsection (4), and any terms and conditions proposed to be attached to the consent, and the New South Wales Aboriginal Land Council— > > > > > (a) has refused to approve of the proposed consent being given or of the proposed terms and conditions, or > > > > > (b) has not, within 1 month after the submission of the proposed consent and of the proposed terms and conditions or such longer period as the Local Aboriginal Land Council and the New South Wales Aboriginal Land Council agree to, approved of the consent being given and of the proposed terms and conditions (or those terms and conditions as altered with the consent of the Local Aboriginal Land Council), > > > > the Local Aboriginal Land Council or the New South Wales Aboriginal Land Council may refer the proposal or the proposed terms and conditions, as the case may require, to the Court to be dealt with under subsection (8). > > > (8) Where a proposal to give a consent or the terms and conditions proposed to be attached to a consent are referred to the Court under subsection (7), the Court shall approve or refuse to approve of the giving of the consent or of the proposed terms and conditions, with or without alterations specified by the Court. > > > (9) The New South Wales Aboriginal Land Council or the Court shall not, under this section, refuse to approve of the giving of a consent or of the terms and conditions proposed to be attached to a consent except on the ground that the giving of the consent is, or those terms and conditions are, inequitable to the Local Aboriginal Land Council concerned or would be detrimental to the interests of members of other Local Aboriginal Land Councils. > > > (10) A consent given in contravention of this section is void. > > > (11) Nothing in or done under this Act operates to abridge or control the prerogative rights and powers of the Crown with respect to gold mines and silver mines or affects the Crown’s ownership of coal, petroleum and uranium. > > > (12) This section does not apply to or in relation to any mining operations that are or may be carried on on any lands of an Aboriginal Land Council— > > > > > (a) in respect of gold, silver, coal, petroleum or uranium, or > > > > > (b) in respect of any other mineral, pursuant to any right conferred by or under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), or any other law, being a right in force at the time the lands were vested in that Council or a mineral claim or authority referred to in subsection (13)(b), or a renewal or extension of any such right, mineral claim or authority. > > > (13) Nothing in this section prevents— > > > > > (a) the renewal or extension of any right, mineral claim or authority referred to in subsection (12)(b), or > > > > > (b) the granting of an authority or mineral claim in accordance with an exclusive right conferred by the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or of a licence in accordance with an exclusive right conferred by the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), > > > > under and subject to the provisions of the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042) as the case requires. > > **s 45:** Am 1990 No 60, Sch 2 (4); 1992 No 29, Sch 5; 1996 No 137, Sch 2.1; 1999 No 42, Sch 3.1 \[1\]–\[3\]; 2012 No 16, Sch 5 \[1\]–\[3\].