Mining Act 1971

An agreement negotiated under this Division may provide for payment to the native title parties based on profits or income derived from mining operations on the land or the quantity of minerals produced.

The basis of the payment may be fixed in the agreement or left to be decided by the ERD Court or some other nominated arbitrator.

An agreement must deal with—

notices to be given or other conditions to be met before the land is entered for the purposes of carrying out mining operations;

principles governing the rehabilitation of the land on completion of the mining operations.

If agreement is reached between the proponent and the native title parties authorising mining operations on the native title land, the proponent must lodge a copy of the agreement with a mining registrar and the mining registrar will, subject to this section, register the agreement.

If the Minister is of the opinion that there is reason to believe that the agreement may not have been negotiated in good faith, the Minister may, within two months after the copy of the agreement is lodged for registration with the mining registrar, make an order prohibiting registration of the agreement.

A party to an agreement may appeal against an order under subsection (5) to the ERD Court and the Court may, on appeal—

confirm or revoke the Minister's order; and

if the Court considers it appropriate, make a determination authorising entry on the land to carry out mining operations, and the conduct of mining operations on the land, on conditions determined by the