[s. 7.4]
Division 1 — Existing applications for mining tenements
In this Division
—
existing mining application means an application
—
(a) for
a Part 2 act or a Part 3 act to be done that would —
(i)
create or vary a right to mine; or
(ii)
renew, re-grant, remake or extend the term of an
instrument creating a right to mine; and
(b) that
—
(i)
was made before the commencement of Part 2 or Part 3, as
the case may be; but
(ii)
was not granted before that commencement.
2. Regulations may modify certain provisions
The regulations may
make provisions by which sections 2.14 and 3.13 are modified in their
application to Part 2 acts and Part 3 acts to which existing mining
applications relate to provide that all notices of those acts under
sections 2.12 and 3.10 are to be given by the Government party.
3. Programme for dealing with existing mining
applications
(1) The regulations
may make provisions that establish a programme by which the giving of notices
under sections 2.12 and 3.10 of Part 2 acts and Part 3 acts to which existing
mining applications relate are to be spread over a period of time.
(2) The purpose of the
programme is to enable the processes in Parts 2 and 3 to be applied to the
acts concerned in an orderly and effective manner.
(3) In particular, the
regulations may provide, as part of the programme, for the giving of notices
of acts relating to areas of the State specified in the regulations to be
limited to a certain number of acts during a period so specified.
Division 2 — Matters in progress under section 24MD(6B) of the NTA
(1) In this Division
—
section 24MD(6B) matter means, subject to this
clause, an act, matter or circumstance that has occurred or come into
existence before the commencement of Part 4 for the purpose of —
(a) the
State meeting its obligations; or
(b) a
person exercising rights or performing functions,
under subsection (6B) of section 24MD of the NTA,
or otherwise for the purposes of that subsection.
(2) The definition in
subclause (1) includes notices given, time that has elapsed or commenced to
run, objections made, requests for a hearing and, subject to subclause (3),
proceedings commenced.
(3) The definition
does not include —
(a)
proceedings commenced if the independent person referred to in section
24MD(6B) has entered upon the proceedings to the extent of holding a hearing;
or
(b)
determinations or recommendations made.
5. Regulations may make transitional provisions
(1) The regulations
may make any provision of a transitional nature that is necessary or expedient
to be made to ensure that, after the commencement of Part 4 —
(a)
all section 24MD(6B) matters are dealt with under
that Part; and
(b)
there is an effective transition from the
provisions of section 24MD(6B) of the NTA to the provisions of that Part.
(2) Without limiting
subclause (1), the regulations may make provision for the continuing effect of
section 24MD(6B) matters, whether with or without modification, and for those
matters to be treated as if they had occurred or come into existence for the
purposes of Part 4.
(3) Provision may be
made as mentioned in subclause (2) despite the fact that a section 24MD(6B)
matter does not fully comply with a requirement of Part 4.
This is a compilation of the Native Title (State Provisions) Act 1999 . For
provisions that have come into operation see the compilation table. For
provisions that have not yet come into operation see the uncommenced
provisions table.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Native Title (State Provisions) Act 1999 |
60 of 1999 |
10 Jan 2000 |
10 Jan 2000 (see s. 2(1)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Native Title (State Provisions) Act 1999 Pt. 2 (except s. 2.2), Pt. 3 (except
s. 3.1), Pt. 4-6, s. 7.3 and |
60 of 1999 (as amended by No. 59 of 2004 s. 141 cl. 107; No. 77 of 2006 s. 17)
|
10 Jan 2000 |
Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and Pt. 5 Div. 4 operative day to
be determined under Commonwealth Native Title Act 1993 , s. 43A (see
s. 1.2(3)-(5)); |
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Chief Commissioner
1(4)
closing day 1(4)
Commission 1(4)
Commonwealth Minister
1(3)
consultation parties
1(4)
existing mining application Sch. 3 cl. 1
Government party 1(4)
member
1(4)
negotiation parties 1(4)
objector
1(4)
ordinary member
1(4)
Part 2 act 1(4)
Part 3 act
1(4)
Part 4 act 1(4)
proponent
1(4)
recommendation
1(4)
registered native title rights and interests
1(4)
relevant land 1(4)
responsible Minister
1(4)
section 24MD(6B) matter
Sch. 3 cl. 4(1)
written law 1(5)