1Native Title (Approved Exploration etc Acts - New South Wales) (Mining) Determination 2000

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Native Title (Approved Exploration etc. Acts — New South Wales) (Mining) Determination 20001

I, DARYL ROBERT WILLIAMS, Attorney-General, acting under subsection 26A (1) of the Native Title Act 1993, determine that each act included in the class of acts mentioned in Part 2 of Schedule 1 is an approved exploration etc. act.

Dated 17 October 2000

DARYL WILLIAMS

Attorney-General

Schedule 1 Approved exploration etc. acts

Part 1 Interpretation

1. In Part 2 of this Schedule, a reference to a low-impact exploration licence is a reference to a low-impact exploration licence:

(a) that is subject to the condition that the holder of the licence is not authorised to carry out prospecting operations on any land in relation to which there are any registered native title bodies corporate or registered native title claimants otherwise than in accordance with an access arrangement between the holder of the licence and each registered native title body corporate or each registered native title claimant; and

(b) in relation to which each registered native title body corporate, or each registered native title claimant, has the same rights (including procedural rights) regarding the making and enforcement of the access arrangement as that body corporate or claimant would have if the body corporate or claimant were the holder of an estate in fee simple in relation to the land concerned; and

(c) in relation to which (in the case of the acts mentioned in clauses 4 and 6 in Part 2) notice of the application for the grant of the licence or for the amendment of an exploration licence to convert it to the licence, as the case may be, was served on any representative Aboriginal/Torres Strait Islander body for the area that includes the land covered by the licence not less than 4 months before the grant or amendment.

2. In clause 1:

access arrangement means an access arrangement under Division 2 of Part 8 of the Mining Act 19922 of New South Wales that is:

(a) agreed between the holder of the licence and each registered native title body corporate or each registered native title claimant; or

(b) determined for those parties by an arbitrator who has the power to determine whether the holder of the licence is entitled to a right of access to the land concerned.

3. The following expressions used in this Part have the same meaning as in the Mining Act 1992 of New South Wales:

(a) prospecting operations;

(b) registered native title body corporate;