Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_26d
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 26D
Character Range: 160365–162511

26D  Excluded mining acts: earlier valid acts

Renewal of valid mining lease etc.

 (1) This Subdivision does not apply to an act consisting of the creation of a right to mine if:
 (a)  the creation of the right is done by:
 (i) the renewal; or
 (ii) the re‑grant or re‑making; or
 (iii) the extension of the term;
  of an earlier right to mine; and
 (b) the earlier right:
 (i) was created on or before 23 December 1996 by an act that is valid (including because of Division 2 or 2A); or
 (ii) was created by an act to which this Subdivision applied that was not invalid to any extent under section 28; and
 (c) the area to which the earlier right relates is not extended; and
 (d) the term of the right is not longer than the term of the earlier right; and
 (e) no rights are created in connection with the right that were not created in connection with the earlier right.

Act contemplated by exploration or prospecting agreement etc.

 (2) This Subdivision does not apply to an act (the later act) consisting of the creation of a right to mine if:
 (a) before the later act takes place, an act (the earlier act) consisting of the creation of a right to explore or prospect took place; and
 (aa) the earlier act took place after the commencement of this section; and
 (b) this Subdivision applied to the earlier act and, because:
 (i) an agreement of the kind mentioned in paragraph 31(1)(b) was made in relation to the earlier act; or
 (ii) a determination was made under section 38 that the earlier act might be done, or might be done subject to conditions being complied with;
  the earlier act was not invalid to any extent under section 28; and
 (c) the agreement or determination:
 (i) included a statement to the effect that, if the later act were done, this Subdivision would not apply to the later act; and
 (ii) provided that, if the later act were done, certain conditions would be complied with by parties other than native title parties (whether before or after the act was done); and
 (d) any such conditions that were required to be complied with before the later act is done are complied with before the later act is done.