Queensland Consolidated Acts

FOSSICKING ACT 1994 - SECT 11

(1) This Act does not apply to land or waters if--

(a) there is an approved determination of native title over the land or waters; and

(b) the determination provides that native title exists over the land or waters.

(2) However, this Act does apply to the land or waters if--

(a) there is an indigenous land use agreement for the land or waters that is registered on the register of indigenous land use agreements; and

(b) the agreement includes statements to the effect that--

(i) the parties to the agreement consent, with or without stated conditions, to fossicking over the land or waters; and

(ii) the Native Title Act 1993 (Cwlth), part 2, division 3, subdivision P, is not intended to apply to fossicking over the land or waters.

(3) In this section--

approved determination of native title see Native Title Act 1993 (Cwlth), section 253.

indigenous land use agreement see Native Title Act 1993 (Cwlth), section 253.

register of indigenous land use agreements see Native Title Act 1993 (Cwlth), section 253.