Division 5 Low-impact exploration licences—special provisions

32A   Object of Division

The object of this Division is to provide for the grant of a class of low-impact exploration licence that may be approved under section 26A of the Commonwealth Native Title Act.

Note. See clause 14 (3) of Part 5 of Schedule 5 to the Native Title Amendment Act 1998 of the Commonwealth for preservation of approvals previously granted by the Commonwealth.

32B   Special low-impact class of licence

(1)  There is to be a special class of exploration licence called a low-impact exploration licence.

(2)  An exploration licence may be granted as a low-impact exploration licence if this Division is complied with.

(3)  The provisions of this Act relating to exploration licences apply to low-impact exploration licences, except as otherwise provided by this Division.

32C   Authority conferred by low-impact licence

(1)  The Minister may, by order published in the Gazette, determine the kind of prospecting operations that may be authorised by a low-impact exploration licence, being operations that the Minister is satisfied are unlikely to have a significant impact on the land over which the licence may be granted.

Editorial note. For orders under this subsection see Gazette No 120 of 15.10.1999, p 10011.

(2)  The conditions to which a low-impact exploration licence is subject are to limit the prospecting operations authorised by the licence to all or some of the prospecting operations of the kind determined by the Minister under this section.

(3)  A change in the prospecting operations determined by the Minister under this section does not affect a low-impact exploration licence that is in force at the time the change is made.

32D   Provisions relating to applications for low-impact licence

(1)  A person may not be granted a low-impact exploration licence unless notice of the application for the licence has been served on all:

(a)  registered native title bodies corporate, and

(b)  registered native title claimants, and

(c)  representative Aboriginal/Torres Strait Islander bodies,

      in relation to any of the land that will be affected by the proposed prospecting operations to be authorised by the licence.

(2)  The notice must contain a map or other description of the land over which the exploration licence is sought and a description of the kind of prospecting operations that may be authorised by the licence.

(3)  An applicant may request the Minister to grant a low-impact exploration licence either at the time the application for a licence is made or at any later time before the grant of the licence.

(4)  The regulations may make other provision for or with respect to the making and grant of applications for low-impact exploration licences.

(5)  In this section, application includes tender.

32E   Change of class of licence—additional prospecting operations

(1)  The holder of a low-impact exploration licence may apply to the Minister for a variation of the prospecting operations authorised by the licence.

(2)  After considering the application, the Minister may vary the licence or may refuse the application.

(3)  If the prospecting operations authorised by a licence as so varied are not of a kind permitted by this Division, the licence ceases to be a low-impact exploration licence.

(4)  The variation of an exploration licence takes effect on the date on which written notice of the variation is served on the holder of the licence or such later date as may be specified in the notice.

Note. The right to negotiate or other procedures may apply to the variation of the licence under the Commonwealth Native Title Act if section 26A of that Act no longer applies because of the variation.

32EA   Review of determination under section 32E

(1)  The Minister must give an applicant under section 32E written notice of the outcome of the application.

(2)  The holder of a low-impact exploration licence may, within 30 days (or such longer period as may be prescribed) after being served with written notice of the determination under section 32E apply to the decision-maker for a review of the determination.

(3)  An application must:

(a)  be made in the approved form and manner (if any), and

(b)  contain any information that is prescribed by the regulations, and

(c)  be accompanied by the fee (if any) prescribed by the regulations.

(4)  The making of an application for review of a determination does not operate to stay the determination.

(5)  On a review, the decision-maker may confirm or change the determination.

(6)  The decision-maker is to give the applicant written notice of the outcome of the application.

(7)  If the decision-maker changes a determination, the changed determination replaces the earlier determination as from the date of the written notice.

(8)  A decision on a review may not be further reviewed under this section.

32F   Access arrangement required for prospecting operations under low-impact licences

(1)  In this section, relevant land means land in relation to which there are registered native title bodies corporate or registered native title claimants.

(2)  A low-impact exploration licence is subject to the condition that the holder of the licence is not authorised to carry out prospecting operations on any relevant land otherwise than in accordance with an access arrangement under Division 2 of Part 8 between the holder of the licence and each registered native title body corporate or each registered native title claimant, being an access arrangement:

(a)  that is agreed between them in accordance with that Division, or that is determined for them by an arbitrator in accordance with that Division, and

(b)  that has involved consultation by the holder of the licence that satisfies the requirements of section 26A of the Commonwealth Native Title Act.

(3)  This section does not apply in any case in which Division 2 of Part 8 is excluded because of section 138 (2) (which relates to prospecting title granted after compliance with the full native title right to negotiate procedure or an indigenous land use agreement).

(4)  This section does not limit the operation of Division 2 of Part 8 with respect to landholders who are not native title holders.

32G   Renewal of low-impact licences

The requirements of this Division with respect to the grant of a low-impact exploration licence apply to the renewal of such a licence, subject to any modifications prescribed by the regulations.