Aboriginal Lands Trust Act 2013

Despite a provision of the mining Acts or any other Act or law, a person who, without the permission of the Trust granted under this

carries out mining operations or regulated activities on Trust

enters Trust Land for the purpose of carrying out mining operations or regulated activities, is guilty of an offence. Maximum penalty: Maximum penalty: $120 000.

An application to the Trust for permission to carry out mining operations or regulated activities on Trust Land—

must be made in a manner and form determined by the Trust;

except in the case of an application for permission to prospect for minerals pursuant to section 20 of the Mining Act 1971—

may only be made by a person who has applied for a mining authority in respect of the Trust Land under the relevant mining Act; and

must contain, or be accompanied by, all information submitted by the applicant to the Minister to whom the administration of the relevant mining

The applicant—

must, at the request of the Trust, provide the Trust with such further information as the Trust may reasonably require to determine the application for permission; and

must, as soon as practicable after making an application for permission, notify the Minister to whom the administration of the relevant mining Act is committed of the application.

Before determining an application for permission, the

must undertake consultation in respect of the matter in accordance with section 8; and

must consult with any other person or body specified in the regulations for the purposes of this subsection; and

must comply with any other requirements set out in the regulations for the purposes of this paragraph.

Subject to this section, the Trust may—

grant permission to carry out mining operations or regulated activities on the Trust Land unconditionally; or

grant permission to carry out mining operations or regulated activities on the Trust Land subject to such conditions as the Trust thinks fit; or

refuse permission to carry out mining operations or regulated activities on the Trust Land.

The Trust must, as soon as is reasonably practicable after determining an application, give notice in writing of the determination to—

the applicant; and

the Minister to whom the administration of the relevant mining Act is committed.

The reasonable costs and expenses incurred by the Trust in dealing with an application for permission may be recovered from the applicant as a debt.

Any payment made under subsection (7) must, if the application is subsequently determined in favour of the applicant but on condition that compensation be paid to the Trust, be regarded as a payment made on account of that compensation.