Div 5Miscellaneous

Division 5—Miscellaneous 67—Non-application of this Part to Pitjantjatjara and Maralinga lands Nothing in this Part affects the operation of— (a) the Pitjantjatjara Land Rights Act 1981; or (b) the Maralinga Tjarutja Land Rights Act 1984. 68—Compensation to be held on trust in certain cases (1) If a determination under this Part authorises mining operations on conditions requiring payment of compensation— (a) the ERD Court must decide the amount of the compensation; and (b) the compensation must be paid into the ERD Court to be held on trust and applied as required by this section. (2) Compensation paid into the ERD Court under this section— (a) must, on application by the registered representative of the native title holders, be paid out to the registered representative; or (b) if the Court, on application by an interested person, is satisfied that it is just and equitable to pay the compensation in some other way—must be paid out as directed by the Court. (3) However, if compensation is held on trust by the ERD Court under this section and— (a) a native title declaration is made to the effect that no part of the land is subject to native title; or (b) the proponent abandons the proposal to carry out mining operations on the land before exercising the right to do so and, by notice to the Minister, relinquishes the right to do so, the compensation must be repaid to the person who paid it. 69—Non-monetary compensation (1) Compensation under this Part is to be given in the form of monetary compensation. (2) However— (a) if, during negotiations under this Part, a person who may be entitled to compensation requests that the whole or part of the compensation be in a form other than money,1 the other person who may be liable to pay compensation— (i) must consider the request; and (ii) must negotiate in good faith on the subject; and (b) the ERD Court may, at the request of a person entitled to compensation, order non-monetary compensation.1 Example— 1 The non-monetary compensation might take the form of a transfer of property or the provision of goods or services. 70—Review of compensation (1) If— (a) mining operations are authorised by determination under this Part on conditions requiring the payment of compensation; and (b) a native title declaration is later made establishing who are the holders of native title in the land, the ERD Court may, on application by the registered representative of the holders of native title in the land, or on the application of a person who is liable to pay compensation under the determination, review the provisions of the determination providing for the payment of compensation. (2) The application must be made within three months after the date of the native title declaration. (3) The Court may, on an application under this section— (a) increase or reduce the amount of the compensation payable under the determination (as from the date of application or a later date fixed by the Court); and (b) change the provisions of the determination for payment of compensation in some other way. (4) In deciding whether to vary a determination and, if so, how, the Court must have regard to— (a) the assumptions about the existence or nature of native title on which the determination was made and the extent to which the native title declaration has confirmed or invalidated those assumptions; and (b) the need to ensure that the determination provides just compensation for, and only for, persons whose native title in land is affected by the mining operations; and (c) the interests of mining operators and investors who have relied in good faith on the assumptions on which the determination was made. 70A—Opal Mining Native Title Register (1) The Opal Mining Registrar must establish a distinct part of the opal mining register (which may be referred to as the Opal Mining Native Title Register) for the registration of agreements and determinations under this Part. (2) The Opal Mining Registrar must, in respect of each agreement or determination registered under this Part, include in the Opal Mining Native Title Register details concerning— (a) the land to which the agreement or determination relates; and (b) if relevant—the permit or tenement to which the agreement or determination relates; and (c) the parties who are bound by the agreement or determination; and (d) other information prescribed by the regulations. (3) The Opal Mining Registrar may also note in any other part of the opal mining register any agreement or determination registered under this Part (as the Opal Mining Registrar thinks fit). (4) An agreement or determination registered under this Part is not available for inspection under this Act if— (a) in the case of an agreement, the parties to the agreement specify in the agreement, or in some other manner determined by the Opal Mining Registrar, that the contents of the agreement should be kept confidential under this section; (b) in the case of a determination, the ERD Court specifies in the determination that the contents of the determination should be kept confidential under this section. (5) However, subsection (4) does not prevent the inspection of an agreement or determination registered under this Part by— (a) a person engaged in the administration of this Act acting in the course of official duties; or (b) the Minister, or a person appointed to the Public Service acting in the course of official duties on behalf of, or with the authority of, the Minister; or (c) a person who is bound by the agreement or determination; or (d) a person who is acting under the joint authority of all persons who are bound by the agreement or determination (and such an authority must be given in a manner and form approved by the Opal Mining Registrar); or (e) a person who is acting under the authority of an order or determination of the ERD Court or the Supreme Court (for the purposes of this or another Act or law). (6) An authority under subsection (5) may be given on conditions. (7) A person who contravenes or fails to comply with a condition is guilty of an offence.