Document ID: chunk:federal_register_of_legislation:C2024C00224:section:26b:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 26B (pt 1/2)
Character Range: 217521–220119

26B  Approved gold or tin mining acts
 (1) If the conditions in this section are satisfied, the Commonwealth Minister may, by legislative instrument, determine that each act included in a class of acts done by a State or Territory is an approved gold or tin mining act.

First condition
 (2) The first condition is that the relevant State Minister or Territory Minister has requested the Commonwealth Minister in writing to make such a determination in relation to acts in the class.

Second condition
 (3) The second condition is that acts included in the class consist of the creation or variation of rights to mine, where the rights as so created or varied are rights to mine gold, or tin, in surface alluvium.

Third condition
 (4) The third condition is that, by or under a law of the State or Territory, the only way in which the gold or tin may be recovered from the material that is mined is by a washing or an aeration process.

Fourth condition
 (5) The fourth condition is that, by or under a law of the State or Territory, the persons given the rights to mine will be required to rehabilitate any area of land or waters, in which the mining takes place and in relation to which native title rights and interests may exist, for the purpose of minimising the impact of the mining on the land or waters.

Fifth condition
 (6) The fifth condition is that the Commonwealth Minister has:
 (a) notified any relevant representative Aboriginal/Torres Strait Islander bodies, and notified the public in the determined way, of the proposed determination; and
 (b) invited submissions from them about the proposed determination; and
 (c) considered any submissions made in response to the invitation.

Sixth condition
 (7) The sixth condition is that the Commonwealth Minister is satisfied that, if the determination is made:
 (a) all:
 (i) registered native title bodies corporate; and
 (ii) registered native title claimants; and
 (iii) representative Aboriginal/Torres Strait Islander bodies;
  in relation to any land or waters that will be affected by the acts will have a right to be notified that each act included in the class is to be done; and
 (b) any such persons or bodies will have a right to be heard by an independent person or body about:
 (i) whether the act is to be done; and
 (ii) any matter relating to the doing of the act;
  unless no other person would have such a right, assuming the person had an interest of any kind in relation to the land or waters; and
 (c) either:
 (i) the person, or one of the persons, who will do any thing authorised by the act will have a legal