Opal Mining Act 1995

A person (the proponent) who seeks a native title mining agreement may negotiate the agreement with the native title parties. NoteThe native title parties are the persons who are, at the end of the period of two months from when notice is given under section 55, registered under the law of the State or the Commonwealth as holders of, or claimants to, native title in the land. A person who negotiates with the registered representative of those persons will be taken to have negotiated with the native title parties. Negotiations with other persons are not precluded but any agreement reached must be signed by the registered representative on behalf of the native title parties.

The proponent must be—

if an agreement conferring an individual authorisation¹ is sought—the mining operator who seeks the authorisation;

if an agreement conferring an umbrella authorisation¹ is sought—the Minister or an association representing the interests of mining operators approved by regulation for the purposes of this section.

1 See the note to section 53(1).