Limits on grant of tenement
50 Limits on grant of tenement
A precious stones tenement may not be registered over native title land unless—
the mining operations to be carried out under the tenement are authorised by a pre-existing agreement or determination registered under this
Part; or
a declaration is made under the law of the State or the
Commonwealth to the effect that the land is not subject to native title1; or
an indigenous land use agreement registered under the
Native Title Act 1993 of the Commonwealth provides that statutory rights to negotiate are not intended to apply in relation to the mining operations2.
1 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.
2 Cf. Native Title
Act 1993 (Cwth), section 24EB(1)(c).
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