Where traditional Aboriginal owners have consented to a mining agreement through the statutory process under the ALRA, the traditional obligation to protect the land from that mining enterprise is taken to have been fulfilled, and s 71(1) does not authorise entry onto the land for the purpose of political protest against the approved mining. Entry onto land for the purpose of stopping mining that has been approved under the ALRA constitutes interference with the lessee's estate or interest under s 71(2). Knowledge of the need for permission and expectation of arrest are relevant to negativing an honest claim of right under s 30(2) of the Criminal Code.
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