Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 43B

    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.