Part 2 Native Title
Division 3 Future acts etc. and native title
Section 26A
high-water mark of the sea. A reference to an act to which this
Subdivision applies is to be read as referring to the act to that
extent only.
26A Approved exploration etc. acts
(1) If the conditions in this section are satisfied, the Commonwealth
Minister may, by legislative instrument, determine that an act, or
that each act included in a class of acts, is an approved exploration
etc. act.
First condition
(2) The first condition is that the act, or acts included in the class,
consist of the creation or variation of a right to mine, where the
right as so created or varied is a right to explore, a right to prospect
or a right to fossick.
Second condition
(3) The second condition is that the Minister is satisfied that the act or
acts are unlikely to have a significant impact on the particular land
or waters concerned.
Drilling and second condition
(4) If the act or acts authorise drilling, this does not mean that the
second condition cannot be satisfied.
Third condition
(5) The third condition is that the Minister has:
(a) notified any relevant representative Aboriginal/Torres Strait
Islander bodies, and notified the public in the determined
way, of the proposed determination; and
(b) invited submissions from them about the proposed
determination; and
(c) considered any submissions made in response to the
invitation.
120
Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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