sec.725Application of div 2

### sec.725 Application of div 2 This division applies to an application if— it is an application for— the granting of a mining tenement; or an approval relating to a mining lease; and the application was lodged before the native title provisions start day for the application; and the application is still current; and immediately before the native title provisions start day for the application— if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. However, this division does not apply to an application relating to a mining tenement if a notice under section 29 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the native title provisions start day for the application. The Minister may by gazette notice notify, in relation to an application, a native title provisions start day. The Minister, in notifying the native title provisions start day— must have regard to when the native title provisions relevant to the application start to have application; and accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published. s 725 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 ) amd 2000 No. 36 s 12 (sec.725-ssec.1) This division applies to an application if— it is an application for— the granting of a mining tenement; or an approval relating to a mining lease; and the application was lodged before the native title provisions start day for the application; and the application is still current; and immediately before the native title provisions start day for the application— if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. (sec.725-ssec.2) However, this division does not apply to an application relating to a mining tenement if a notice under section 29 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the native title provisions start day for the application. (sec.725-ssec.3) The Minister may by gazette notice notify, in relation to an application, a native title provisions start day. (sec.725-ssec.4) The Minister, in notifying the native title provisions start day— must have regard to when the native title provisions relevant to the application start to have application; and accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published. - (a) it is an application for— (i) the granting of a mining tenement; or (ii) an approval relating to a mining lease; and - (i) the granting of a mining tenement; or - (ii) an approval relating to a mining lease; and - (b) the application was lodged before the native title provisions start day for the application; and - (c) the application is still current; and - (d) immediately before the native title provisions start day for the application— (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. - (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or - (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. - (i) the granting of a mining tenement; or - (ii) an approval relating to a mining lease; and - (i) if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or - (ii) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. - (a) must have regard to when the native title provisions relevant to the application start to have application; and - (b) accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published.