Document ID: chunk:federal_register_of_legislation:C2010C00306:clause:1_138:p1
Version: federal_register_of_legislation:C2010C00306
Segment Type: clause
Provision Reference: sch 1 cl 138 (pt 1/2)
Character Range: 83007–85842

138  Validation of certain pre‑commencement determinations in relation to South Australian alternative provisions etc.

Validation

(1) To avoid doubt, the following determinations made by the Commonwealth Minister under paragraph 43(1)(b) of the Principal Act are, and are taken always to have been, valid:
 (a) the determination made on 18 October 1995 in relation to alternative provisions consisting of section 58 and Part 9B of the Mining Act 1971 of South Australia, as amended by the Mining (Native Title) Amendment Act 1995 of that State;
 (b) the determination made on 16 April 1997 in relation to alternative provisions consisting of Part 7 of the Opal Mining Act 1995 of South Australia.

How subsection 43(3) applies to Mining Act alternative provisions

(2) For the purposes of applying subsection 43(3) of the Principal Act after the commencing day to the alternative provisions mentioned in paragraph (1)(a) of this item, it is to be assumed that:
 (a) subsection 43(2A) of that Act, as inserted by this Schedule, applied when the determination mentioned in paragraph (1)(a) of this item was made, and at all times afterwards; and
 (b) the reference in subsection 43(2A), as so applying, to conjunctive agreement/determination provisions or expedited procedure provisions included a reference to the Mining Act umbrella provisions.

Definition

(3) In subitem (2):
Mining Act umbrella provisions means:
 (a) the provisions of Part 9B of the Mining Act 1971 of South Australia, as in force when the determination mentioned in paragraph (1)(a) of this item was made, so far as those provisions relate to umbrella authorisations within the meaning of section 63K of that Act as so in force; or
 (b) provisions that are of substantially the same effect.

How subsection 43(3) applies to Opal Mining Act alternative provisions

(4) For the purposes of applying subsection 43(3) of the Principal Act after the commencing day to the alternative provisions mentioned in paragraph (1)(b) of this item, it is to be assumed that:
 (a) subsection 43(2A) of that Act, as inserted by this Schedule, applied when the determination mentioned in paragraph (1)(b) of this item was made, and at all times afterwards; and
 (b) the reference in subsection 43(2A), as so applying, to conjunctive agreement/determination provisions or expedited procedure provisions included a reference to the Opal Mining Act umbrella provisions.

Definition

(5) In subitem (4):
Opal Mining Act umbrella provisions means:
 (a) the provisions of Part 7 of the Opal Mining Act 1995 of South Australia, as in force when the determination mentioned in paragraph (1)(b) of this item was made, so far as those provisions relate to umbrella authorisations within the meaning of section 53 of that Act as so in force; or
 (b) provisions that are of substantially the