South Australian Current Acts

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MINING ACT 1971 - SECT 63R

63R—Effect of registered agreement

        (1)         A registered agreement negotiated under this Division is (subject to its terms) binding on, and enforceable by or against the original parties to the agreement and—

            (a)         the holders from time to time of native title in the land to which the agreement relates; and

            (b)         the holders from time to time of any exploration authority or production tenement under which mining operations to which the agreement relates are carried out.

        (2)         If a native title declaration establishes that the native title parties with whom an agreement was negotiated are not the holders of native title in the land or are not the only holders of native title in the land, the agreement continues in operation (subject to its terms) until a fresh agreement is negotiated under this Part with the holders of native title in the land, or for 2 years after the date of the declaration (whichever is the lesser).

        (3)         Either the holders of native title in the land or the tenement holder may initiate negotiations for a fresh agreement by giving notice to the other.

        (4)         A registered agreement that authorises mining operations to be conducted under a future mineral tenement is contingent on the tenement being granted or registered.



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