Mineral Resources Act 1989

This division applies to an application if—

it is an application for—

the granting of a mining tenement; or

an approval relating to a mining lease; and

the application was lodged before the native title provisions start day for the application; and

the application is still current; and

immediately before the native title provisions start day for the application—

if paragraph (a)(i) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or

if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied.

However, this division does not apply to an application relating to a mining tenement if a notice under section 29 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the native title provisions start day for the application.

The Minister may by gazette notice notify, in relation to an application, a native title provisions start day.

The Minister, in notifying the native title provisions start day—

must have regard to when the native title provisions relevant to the application start to have application; and

accordingly, is not stopped from notifying as the native title provisions start day a day that is earlier than the day the gazette notice is published.