124Mining etc. on certain land

#### 124 Mining etc. on certain land (1) The regulations may make provision for or in relation to prohibiting or regulating all or any of the following matters: (a) the exploration for minerals on relevant land; (b) the mining for, or recovery of, minerals on or from relevant land; (c) the carrying on of operations, and the execution of works, for a purpose referred to in paragraph (a) or (b). (2) Regulations made for the purposes of subsection (1) may include, but are not limited to, provisions for or in relation to: (a) the making of arrangements between the Minister and the Government or Administration of a State or Territory for or in relation to the performance of functions, or the exercise of powers, under the regulations by an officer of the State or Territory; (b) vesting the Federal Court of Australia or the courts of the States and Territories with jurisdiction in matters arising under the regulations; (c) the payment of fees in respect of the grant, under the regulations, of a lease, licence, permit or other authority; (d) if minerals are owned by the Commonwealth—the payment of royalties in respect of minerals mined or recovered in accordance with such a lease, licence, permit or authority; and (e) the payment to the States and Territories of amounts representing the whole or part of amounts received by the Commonwealth under the regulations. (3) Without limiting the conditions to which a lease, licence, permit or other authority authorising the exploration for, or mining or recovery of, minerals may be subject under the regulations, where the minerals are owned by a State or Territory, the regulations may provide that a lease, licence, permit or authority may be granted to a person subject to the condition that the person shall pay to the State or Territory amounts by way of royalties in respect of minerals mined or recovered. (3A) Regulations made for the purposes of subsection (1) may apply, adopt or incorporate (with or without modifications) any of the provisions of a written law of a State or Territory: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (4) Regulations made for the purposes of subsection (1) may provide that the regulations are not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with the regulations. (5) Where, under regulations made for the purposes of subsection (1), the Commonwealth is liable to pay an amount to a State or Territory, an amount equal to that amount shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly. (6) Regulations made for the purposes of subsection (1) have no effect to the extent that they are inconsistent with rights of the kind referred to in subsection 35(4) of the Atomic Energy Act 1953 or an authority under subsection 41(1) of that Act. (7) In this section: > law of a State or Territory includes regulations or any other instrument made under that law. > mineral means a naturally occurring substance or mixture of substances. > modifications includes additions, omissions or substitutions. > relevant land means: (a) land in a State vested in an acquiring authority; or (b) land in a Territory vested in an acquiring authority. (8) If, on the day on which this Act commences, there are no regulations in effect for the purposes of subsection (1) of this section, section 51 and subsections 53(2) and (2A) of the Lands Acquisition Act 1955 continue to apply as if that Act had not been repealed until such time as the first such regulations take effect. (9) Nothing in this section shall be read as authorising the making of regulations extending to land vested in an Aboriginal Land Trust.