134BConsents of landholders

#### 134B Consents of landholders 134B Consents of landholders > > (1) This section applies in relation to— > > > > > (a) the requirements of sections 71 and 72 that certain operations cannot be carried out or works erected except with the consent of a landholder or other person, and > > > > > (b) the provision in section 69E for the making of an agreement by the holder of a prospecting title with each landholder of the land concerned as to an access arrangement. > > > (2) If a landholder or other person whose consent must be obtained for the purposes of section 71 or 72 or whose agreement may be obtained for the purposes of section 69E cannot, after diligent inquiry, be found or identified— > > > > > (a) the operations may be carried out or the works erected without the consent of the landholder or other person, or > > > > > (b) the agreement as to the access arrangement may be made with those landholders (if any) of the land concerned who have been found or identified without the agreement of a landholder who has not been found or identified. > > > (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 a manner authorised by section 134 (1) and (3)–(5), 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, registered native title body corporate and registered native title claimant have the same meaning as 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 134B:** Ins 1994 No 45, Sch . Am 1998 No 88, Sch 6 \[7\]; 2000 No 90, Schs 3.2 \[4\], 4 \[11\] \[25\]–\[29\].