Mining Act 1971

In making its determination, the ERD Court must take into account the following:

the effect of the proposed mining operations on—

native title in the land; and

the way of life, culture and traditions of any of the native title parties; and

the development of the social, cultural and economic structures of any of those parties; and

the freedom of access by any of those parties to the land concerned and their freedom to carry out rites, ceremonies or other activities of cultural significance on the land in accordance with their traditions;

any area or site, on the land concerned, of particular significance to the native title parties in accordance with their traditions;

the natural environment of the land concerned;

any assessment of the effect of the proposed mining operations on the natural environment of the land concerned—

made by a court or tribunal; or

made, or commissioned, by the Crown in any capacity or by a statutory authority;

the interests, proposals, opinions or wishes of the native title parties in relation to the management, use or control of the land concerned;

the economic or other significance of the proposed mining operations to Australia and to the State;

any public interest in the mining operations proceeding;

any other matter the ERD Court considers relevant.

This section does not affect the operation of another law of the