(1) A person (the
"proponent") who seeks a native title mining agreement may negotiate the
agreement with the native title parties.
Explanatory note—
The "native title parties" are the persons who are, at the end of the period
of 4 months from when notice is given under section 63M, registered
under the law of the State or the Commonwealth as holders of, or claimants to,
native title in the land. A person who negotiates with the
registered representative of those persons will be taken to have negotiated
with the native title parties. Negotiations with other persons are not
precluded but any agreement reached must be signed by the
registered representative on behalf of the native title parties.
(2) The proponent must
be—
(a) if
an agreement conferring an individual authorisation 1 is sought—the
tenement holder who seeks the authorisation;
(b) if
an agreement conferring an umbrella authorisation 1 is sought—the
Minister or an association representing the interests of tenement holders
approved by regulation for the purposes of this section.
Editorial Note—
1 See the explanatory note to section 63K(1).