Part 2 Native Title Division 3 Future acts etc. and native title Section 43B compulsory acquisitions) if the act involves the acquisition of native title rights and interests in relation to land or waters in both an alternative provision area and an area that is not an alternative provision area. Regulations to make transitional provisions (11) The regulations may prescribe any modifications of this Act that are necessary to deal with transitional matters arising from the making, amendment or revocation of determinations under this section. 43B Mining rights covering both alternative provision area and other area If: (a) a particular future act is the creation or variation of a right to mine in both an alternative provision area (as defined in subsection 43A(2)) and an area (the other area) that is not an alternative provision area; and (b) because of section 43A, provisions of a State or Territory law would, apart from this section, have effect in relation to the act; then, for the purposes of this Subdivision: (c) the act is taken to consist of 2 separate acts, as follows: (i) one act consisting of the creation or variation of that right to mine, but only in the alternative provision area; and (ii) the other act consisting of the creation or variation of that right to mine, but only in the other area; and (d) the act mentioned in subparagraph (c)(ii) is taken to be done only when the right concerned is first exercised in the other area. Note: 168 Compilation No. 47 In effect, this section splits the act in 2 (for “right to negotiate” purposes only). Only the “act” mentioned in subparagraph (c)(i)—not the “act” mentioned in subparagraph (c)(ii)—attracts the alternative provisions under section 43A. Native Title Act 1993 Compilation date: 25/09/2021 Authorised Version C2021C00450 registered 22/10/2021 Registered: 22/10/2021

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