| South Australian Proclamations and Notices |
[Index] [Search] [Download] [Help]
Aboriginal Lands Trust (Yalata Reserve—Mining
Rights) Proclamation 2007
under section 16(9) of the Aboriginal Lands Trust Act 1966
This proclamation may be cited as the Aboriginal Lands Trust (Yalata
Reserve—Mining Rights) Proclamation 2007.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Aboriginal Lands Trust means the Aboriginal Lands Trust
constituted under the Aboriginal Lands Trust Act 1966;
affects native title—see Part 9B of the Mining
Act 1971;
Mining Minister means the Minister for the time being
administering the Mining Act 1971;
native title land has the same meaning as in the Native
Title (South Australia) Act 1994.
4—Mining rights may be
exercised
Subject to clauses 5 and 6, rights of entry, prospecting, exploration or
mining conferred by the Mining Act 1971 may be exercised in respect
of the whole or any part of the land described in Schedule 1.
5—Special condition for exercise
of rights under exploration licence
A person in whom rights of entry, prospecting, exploration or mining are
vested by an exploration licence under the Mining Act 1971 granted
after the commencement of this proclamation must not exercise those rights in
respect of the whole or any part of the land described in Schedule 1 unless
notice of the proposed licence was given by the Mining Minister to the
Aboriginal Lands Trust prior to the grant of the licence.
6—Conditions for exercise of
mining rights generally
A person in whom rights of entry, prospecting, exploration or mining are
vested under the Mining Act 1971 (whether those rights were acquired
before or after the commencement of this proclamation and whether pursuant to an
exploration licence or otherwise) must not exercise those rights in respect of
the whole or any part of the land described in Schedule 1 unless the following
conditions are complied with:
(a) no work or other activity may be undertaken on the land in the
exercise of those rights until Yalata Community Incorporated has been notified
of, and consulted in relation to, the proposed work or other activity;
(b) if any work or other activity in the exercise of those rights is
undertaken on native title land and affects native title, the work or other
activity on the land must be undertaken in accordance with any
applicable—
(i) indigenous land use agreement registered under the Native Title
Act 1993 of the Commonwealth; or
(ii) agreement or determination under Part 9B of the Mining
Act 1971.
Schedule 1—Description of land (Yalata
Reserve)
The land comprised in Certificate of Title Register Book Volume 5834 Folio
851.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 2 August
2007
MMRD07/009CS
[Published in the Gazette on 2 August 2007 at page 3247]