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:
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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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