Limitation on powers of Court
63U Limitation on powers of Court
The ERD Court cannot make a determination conferring a conjunctive or umbrella authorisation1 unless the native title parties2 are represented in the proceedings and agree to the authorisation.
A conjunctive authorisation1 conferred by determination cannot authorise mining operations under both an exploration authority and a production tenement unless the native title parties1 are the registered holders of (rather than claimants to) native title land.3
An umbrella authorisation1 conferred by determination—
can only relate to prospecting or mining for precious stones over an area of 200 square kilometres or less; and
cannot authorise mining operations for a period exceeding 10 years unless the native title parties2 are registered holders of (rather than claimants to) native title land.4
Editorial Notes1 See explanatory note to section 63K(1).2 See explanatory note to section 63L(1).3 Section 63K(2) is of similar effect in relation to native title mining agreements.4 Section 63K(3) and
are of similar effect in relation to native title mining agreements.
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