Stated purpose:
The purpose of this Act is to amend the Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act) to reduce limits on objection rights for mining projects; include key agricultural infrastructure within the definition of restricted land; repeal the proposed change which would have allowed a mining lease to be granted over restricted land where landholder consent has not been given and compensation has not been agreed; and remove the Minister’s power to extinguish restricted land for mining lease applications where coexistence is not possible on proposed mining sites.
Native title implications:
Section 408B amends section 10A of the Mineral Resources Act 1989 by inserting a new subsection (4). This new subsection provides that where a person enters land for the purpose of carrying out an activity under section 386V (such as conducting a land survey or prospecting), a reference to owner of land in section 386X and schedule 1 includes a registered native title body corporate or registered native title claimant under the NTA. This does not apply for the purpose of schedule 1, section 4 (Consent of owner of reserve). Registered native title bodies corporate or registered native title claimants should thus be aware that their consent will be required before persons conducting such activities enter their land.
For further information please see the Explanatory Speech and Explanatory Notes.