63H

Limits on grant of production tenement

In force

A production tenement may not be granted or registered over native title land unless—

(a)

the mining operations to be carried out under the tenement are authorised by a pre-existing agreement or determination registered under this

Part; or

(ab)

an indigenous land use agreement registered under the

Native Title Act 1993 (Cwth) provides that statutory rights to negotiate are not intended to apply in relation to the mining operations to be carried out under the tenement;¹ or

(b)

a declaration is made under the law of the State or the

Commonwealth to the effect that the land is not subject to native title.²

Editorial Notes1 Cf. Native Title Act (Cwth), section

24EB(1)(c).2 A declaration to this effect may be made under Part 4 of the

Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of the declaration is that the land ceases to be native title land.

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