s 9

Application of Aboriginal Heritage Act to the Stuart Shelf Area and the Olympic Dam Area

In force

(1)

Subject to this section, the Aboriginal Heritage Act applies in relation to operations of the Joint Venturers in the Stuart Shelf Area or the Olympic Dam Area.

(2)

Until the 31st day of December, 1985, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Stuart Shelf Area or the Olympic Dam Area provided that—

(a)

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

(b)

where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning.

(3)

After the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Olympic Dam Area provided that—

(a)

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

(b)

(4)

After the 31st day of December, 1985, the Joint Venturers are not required under section 21(5) of the Aboriginal Heritage Act to obtain permission to enter or use land within a protected area that lies within the area comprised in a Special Exploration Licence provided that—

(a)

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

(b)

(5)

Where an environmental impact statement in relation to the Initial Project or a Subsequent Project has been approved by the Minister of Environment and Planning, no land within the area to which the environmental impact statement relates shall, after the date of the approval and before the grant of a Special Mining Lease in respect of the Project, be declared to be a protected area under section 21 of the Aboriginal Heritage Act, unless—

(a)

the land is designated or identified in the environmental impact statement as an Aboriginal site; or

(b)

the Joint Venturers in relation to the relevant Project agree to the declaration.

(6)

After the grant of a Special Mining Lease in respect of the Initial Project or a Subsequent Project, land—

(a)

to which the Special Mining Lease applies; or

(b)

within a corridor designated in the relevant approved environmental impact statement referred to in subsection (5) as—

(i)

a pipeline; or

(ii)

a power line; or

(iii)

a railway line; or

(iv)

a private road; or

(c)

within a well field in respect of which a Special Water Licence is in force; or

(d)

within the municipality, or a township designated in the relevant approved environmental impact statement, shall not, without the consent of the Joint Venturers, be declared to be a protected area under section 21 of the Aboriginal Heritage Act.

(7)

The powers conferred by section 26 of the Aboriginal Heritage Act are not exercisable without the consent of the Joint Venturers—

(a)

before the thirty-first day of December, 1985—in respect of land that lies within the Stuart Shelf Area or the Olympic Dam Area;

(b)

after the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area—in respect of land that lies within the Olympic Dam Area;

(c)

after the thirty-first day of December, 1985—in respect of land to which subsection (6) applies or land comprised in a Special Exploration Licence.

(8)

The Joint Venturers shall not withhold consent under subsection (6) or (7) unless they have reason to believe that in consequence of the proposed declaration or exercise of powers—

(a)

mining or other works being undertaken, or in course of preparation, would be materially disrupted or impeded; or

(b)

the health or safety or any person or group of persons would be endangered.

(9)

For the purposes of this section, expressions defined in the Aboriginal Heritage Act have the same meanings as in that Act.

(9a)

For the purposes of this section—

(a)

a reference in the Aboriginal Heritage Act to the owner of private lands will be taken to include a reference to a person who holds native title in the lands; and

(b)

a native title holder will be taken not to have committed an offence against the Aboriginal Heritage Act by reason only of exercising rights deriving from the native title.

(10)

For the purposes of this section, a reference to the Aboriginal Heritage Act shall be construed as a reference to the Aboriginal Heritage Act 1979 in its form as at the date of assent (15th March, 1979) or in its form as at some later date fixed by proclamation with the consent of the Joint Venturers and the subsequent amendment, replacement or repeal of that Act shall not affect its operation insofar as it applies by virtue of this section.

(11)

If a proclamation is made under subsection (10), the provisions of subsections (2) to (9) inclusive cease to operate as from the date of the proclamation.

(13)

Within thirty days after the date on which this section comes into operation the Joint Venturers shall inform the Minister whether they consent to the making of a proclamation under subsection (10).

(14)

This section will be taken not to affect the application of Aboriginal heritage legislation in relation to the operations of the Joint Venturers outside of the Stuart Shelf Area or the Olympic Dam Area.

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