Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 659

659 Requirement for consultation and negotiation in good faith

(1) The consultation and negotiation parties for the proposed mining lease must consult and negotiate in good faith with a view to obtaining the agreement of each of the registered native title parties (a negotiated agreement) to—

(a) the granting of the proposed mining lease; and
(b) any conditions to be complied with by the consultation and negotiation parties if the proposed mining lease is granted.

(2) Also, as part of the consultation and negotiation—

(a) the applicant—
(i) must consult the registered native title parties about ways of minimising the impact of the grant of the proposed mining lease on their registered native title rights and interests in relation to the land, including about—
(A) any access to the land; and
(B) the way in which anything authorised by the proposed mining lease might be done; and
(ii) for the consultation, must have regard to the guidelines set out in this subdivision for applicant consultation; and
(b) the registered native title parties—
(i) must consult the other consultation and negotiation parties about the effect of the proposed mining lease on their registered native title rights and interests; and
(ii) for the consultation, must have regard to the guidelines set out in this subdivision for registered native title party consultation.


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