Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991 - SECT 202

202 Application of Mineral Resources Act 1989

(1) To allay any doubt, it is declared that the Mineral Resources Act 1989 applies to transferable land as if it were a reserve within the meaning of that Act.

(2) Subject to subsection (5) , the Mineral Resources Act 1989 applies to the following land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act—

(a) Aboriginal land that is or was transferred land;

(b) Aboriginal land (other than land that was transferred land) that was claimable land, but was not subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, other than—

(i) land that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or

(ii) any national park.

(3) To allay any doubt, it is declared that the Mineral Resources Act 1989 applies to Aboriginal land (other than land that was transferred land) that—

(a) was claimable land; and

(b) was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land;

as if that land were not Aboriginal land.

(4) If Aboriginal land (other than land that was transferred land) was claimable land and was subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, then—

(a) in relation to the mining interest and any associated interest—to allay any doubt, it is declared that the Mineral Resources Act 1989 applies to the land as if the land were not Aboriginal land; and

(b) in relation to any other mining interest—subject to subsection (5) , the Mineral Resources Act 1989 applies to the land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.

(5) Subsections (2) and (4) (b) do not apply in relation to the Mineral Resources Act 1989 , sections 316 and 317 .

(6) The holder of a mining lease must, before making application for a mining lease under the Mineral Resources Act 1989 , section 316 or a variation of a mining lease under section 317 of that Act, consult and endeavour to reach agreement with the Aboriginal people particularly concerned with the land in relation to which the application is to be made about the route of the proposed access over the land.

(7) Subsection (6) applies in relation to Aboriginal land held by a registered native title body corporate as if the reference in the subsection to Aboriginal people particularly concerned with the land were a reference to the registered native title body corporate that holds the land.

(8) In this section—

"associated interest" , in relation to a mining interest, means—

(a) any renewal or other continuance in force of the interest; or

(b) any other mining interest derived through, or as a result of, the interest.

"relevant claim" , in relation to Aboriginal land, means the claim because of which the land became Aboriginal land.