South Australian Current Acts South Australian Current Acts63K—Types of agreement authorising mining operations on native title
land
(1) An agreement
authorising mining operations on native title land (a "native title mining
agreement ) may—
(a)
authorise mining operations by a particular tenement holder; or
(b)
authorise mining operations of a specified class within a defined area by
tenement holders of a specified class who comply with the terms of the
agreement.
Explanatory note—
If the authorisation relates to a particular tenement holder it is referred
to as an "individual authorisation". Such an authorisation is not necessarily
limited to mining operations under a particular exploration authority or
production tenement but may extend also to future exploration authorities or
production tenements. If the authorisation does extend to future exploration
authorities or production tenements it is referred to as a
"conjunctive authorisation". An authorisation that extends to a specified
class of tenement holders is referred to as an "umbrella authorisation .
(2) If a native title
mining agreement is negotiated between a tenement holder who does not hold,
and is not an applicant for, a production tenement for the relevant land, and
native title parties who are claimants to (rather than registered holders of)
native title land, the agreement cannot extend to mining operations conducted
on the land under a future production tenement.
(3) An umbrella
authorisation can only relate to prospecting or mining for precious stones
over an area of 200 square kilometres or less.
(4) If the native
title parties with whom a native title mining agreement conferring an umbrella
authorisation is negotiated are claimants to (rather than registered holders
of) native title land, the term of the agreement cannot exceed 10 years.
(5) The existence of
an umbrella authorisation does not preclude a native title mining agreement
between a tenement holder and the relevant native title parties relating to
the same land, and if an individual agreement is negotiated, the agreement
regulates mining operations by a tenement holder who is bound by the agreement
to the exclusion of the umbrella authorisation.