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.

(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