Part 7Native title land

Part 7—Native title land Division 1—Prospecting 49—Qualification of rights conferred by permit (1) A precious stones prospecting permit confers no right to carry out mining operations on native title land unless— (a) the mining operations do not affect native title (ie they are not wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights deriving from native title1); or (b) a declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title2; or (c) an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth provides that statutory rights to negotiate are not intended to apply in relation to the mining operations3. (2) However, a person who holds a precious stones prospecting permit that would, if land were not native title land, authorise various operations on the land may acquire the right to carry out those operations on the land (that affect native title) from an agreement or determination authorising the operations under this Part. (3) An agreement or determination under this Part need not be related to a particular precious stones prospecting permit. (4) However, a mining operator's right to carry on mining operations under this Act that affect native title is contingent on the existence of a permit that would, if the land were not native title land, authorise the mining operator to carry out the mining operations on the land. 1 Cf. Native Title Act 1993 (Cwth), s. 227. 2 A declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of such a declaration is that the land ceases to be native title land. 3 Cf. Native Title Act 1993 (Cwth), section 24EB(1)(c). Division 2—Production 50—Limits on grant of tenement A precious stones tenement may not be registered over native title land unless— (a) the mining operations to be carried out under the tenement are authorised by a pre-existing agreement or determination registered under this Part; or (b) a declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title1; or (c) an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth provides that statutory rights to negotiate are not intended to apply in relation to the mining operations2. 1 A declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of the declaration is that the land ceases to be native title land. 2 Cf. Native Title Act 1993 (Cwth), section 24EB(1)(c). 51—Applications for tenements (1) The Minister may agree with an applicant for a precious stones tenement over native title land that the tenement will be registered contingent on the registration of an agreement or determination under this Part. (2) The Opal Mining Registrar may refuse an application for a precious stones tenement over native title land if it appears to the Opal Mining Registrar that the applicant is not proceeding with reasonable diligence to obtain the agreement or determination necessary to the registration of the tenement to which the application relates (and if the application is refused, the applicant's claim lapses).