What happens when there are no registered native title parties with whom to negotiate
56 What happens when there are no registered native title parties with whom to negotiate
If, two months after the notice is given to all who hold or may hold native title in the land, there are no native title parties in relation to the land to which the notice relates, the proponent may apply without notice to any person to the ERD Court for a summary determination.
On an application under subsection (1), the ERD Court must make a determination authorising entry to the land for the purpose of carrying out mining operations on the land, and the conduct of mining operations on the land.
The determination may be made on conditions the Court considers appropriate and specifies in the determination.
The determination cannot confer a conjunctive or umbrella authorisation.1
1 See the note to section 53(1).
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