Document ID: chunk:federal_register_of_legislation:C2024C00224:section:43b
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 43B
Character Range: 286228–287397

43B  Mining rights covering both alternative provision area and other area
  If:
 (a) a particular future act is the creation or variation of a right to mine in both an alternative provision area (as defined in subsection 43A(2)) and an area (the other area) that is not an alternative provision area; and
 (b) because of section 43A, provisions of a State or Territory law would, apart from this section, have effect in relation to the act;
then, for the purposes of this Subdivision:
 (c) the act is taken to consist of 2 separate acts, as follows:
 (i) one act consisting of the creation or variation of that right to mine, but only in the alternative provision area; and
 (ii) the other act consisting of the creation or variation of that right to mine, but only in the other area; and
 (d) the act mentioned in subparagraph (c)(ii) is taken to be done only when the right concerned is first exercised in the other area.
Note: In effect, this section splits the act in 2 (for "right to negotiate" purposes only). Only the "act" mentioned in subparagraph (c)(i)—not the "act" mentioned in subparagraph (c)(ii)—attracts the alternative provisions under section 43A.