Mining Act 1971

A determination under this Division—

must be lodged with a mining registrar; and

must be registered two months after it was lodged for registration unless it has in the meantime been overruled by the Minister;¹ and

takes effect on registration.

A determination registered under this Division has effect as if it were a contract between the proponent and the native title parties.

A registered determination is (subject to its terms) binding on, and enforceable by or against the original parties to the proceedings in which the determination was made and—

the holders from time to time of native title in the land to which the determination relates; and

the holders from time to time of any exploration authority or production tenement under which mining operations to which the determination relates are carried out.

If a native title declaration establishes that the native title parties to whom the determination relates are not the holders of native title in the land or are not the only holders of native title in the land, the determination continues in operation (subject to its terms) until a fresh determination is made, or for 2 years after the date of the declaration (whichever is the lesser).

A determination under this Part that authorises mining operations to be conducted under a future mineral tenement is contingent on the tenement being granted or registered.