Western Australian Current Acts

OFFSHORE MINERALS ACT 2003 - SECT 43

43 .         Effect of grant of licence or special purpose consent on native title

        (1)         The grant of a licence or special purpose consent does not extinguish native title in the licence or consent area.

        (2)         While a licence or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the licence or consent.

        (3)         If compensation is payable to native title holders for or in respect of the grant of a licence or special purpose consent, the person liable to pay the compensation is —

            (a)         if an amount is to be paid and held in trust, the applicant for the grant of, or the holder of, the licence or consent at the time the amount is required to be paid; or

            (b)         otherwise, the applicant for the grant of, or the holder of, the licence or consent at the time a determination of compensation is made.

        (4)         If, at the relevant time, there is no holder of the licence or consent because the licence or consent has been surrendered or forfeited or has expired, a reference in subsection (3) to the holder of the licence or consent is a reference to the holder of the licence or consent immediately before its surrender, forfeiture or expiry.

        (5)         In subsection (3) —

        grant includes renewal.

        (6)         Expressions relating to native title have the same meanings in this section and section 44 as they have in the Native Title Act 1993 of the Commonwealth.