383BConsent of landholders and others

#### 383B Consent of landholders and others 383B Consent of landholders and others > > (1) This section applies in relation to— > > > > > (a) the requirements of sections 31, 49, 62 and 188 that certain rights cannot be exercised or leases or mineral claims cannot be granted except with the written consent of a person or persons specified in the relevant section, and > > > > > (b) the provision in section 81 that certain activities may be carried out with the consent of the landholder, and > > > > > (c) the requirement of section 140 that certain operations may not be carried out otherwise than in accordance with an access arrangement agreed with each landholder or determined by an arbitrator as referred to in section 140 (1) (b), and > > > > > (d) the requirements of any regulations made under section 164 (6) or 211 (6) that restrict the exercise of a right of way otherwise than in accordance with the consent of the landholder, and > > > > > (e) the requirements of sections 166 and 213 that certain resources cannot be utilised otherwise than in accordance with the consent of the landholder, and > > > > > (f), (g) (Repealed) > > > > > (h) the requirement of section 265 (4) that rights cannot be exercised unless the amount of compensation payable to a landholder in respect of a mining area is the subject of a valid agreement or of an assessment. > > > (2) If a landholder or other person whose consent or agreement must or may be obtained for a purpose mentioned in subsection (1) (a)–(e) or in relation to whom compensation must be agreed on or assessed for the purpose mentioned in subsection (1) (h) cannot, after diligent inquiry, be found or identified— > > > > > (a) the rights may be exercised or the lease or mineral claim may be granted without the written consent of the landholder or person concerned, or > > > > > (b) the operations may be carried out without the consent of the landholder, or > > > > > (c) the operations may be carried out in accordance with any access arrangement made with, or determined in respect of, those landholders (if any) who have been found or identified without the agreement of a landholder who has not been found or identified, or > > > > > (d) the right of way may be exercised without the consent of the landholder, or > > > > > (e) the resources may be utilised without the consent of the landholder, or > > > > > (f) (Repealed) > > > > > (g) the rights under the mining lease may be exercised without the agreement as to, or the assessment of, the compensation. > > > (3) For the purposes of subsection (2), a landholder who is a native title holder is taken to have been unable, after diligent inquiry, to be identified if— > > > > > (a) where the purpose for which the landholder’s consent or agreement is required to be obtained is an act to which Subdivision P of Division 3 of Part 2 of the Commonwealth Native Title Act applies— > > > > > > > (i) notice of an intention to carry out that purpose is given by the Government party under section 29 of that Act, and > > > > > > > (ii) at the expiration of the prescribed period, the landholder is neither a registered native title claimant nor a registered native title body corporate in relation to the land concerned, or > > > > > (b) where the purpose for which the landholder’s consent or agreement is required to be obtained is not such an act— > > > > > > > (i) notice of an intention to carry out that purpose is served in the manner authorised by section 383 (1) and (4), on any representative Aboriginal/Torres Strait Islander bodies for an area that includes the land concerned, and > > > > > > > (ii) at the expiration of the prescribed period, the landholder is neither a registered native title claimant nor a registered native title body corporate in relation to the land concerned. > > > (4) In this section— > > > > Government party has the same meaning as it has in the Commonwealth Native Title Act. > > > > prescribed period means— > > > > > (a) in relation to a notice referred to in subsection (3) (a)—the period of 4 months referred to in section 30 of the Commonwealth Native Title Act, or > > > > > (b) in relation to a notice referred to in subsection (3) (b)—the period of 4 months commencing on service of the notice. > > **s 383B:** Ins 1994 No 45, Sch 1. Am 1998 No 88, Sch 5 \[11\]; 1999 No 43, Sch 1 \[85\]–\[100\]; 2000 No 90, Sch 3.1 \[5\]; 2008 No 19, Sch 1 \[263\]–\[265\].