Queensland Consolidated Acts Queensland Consolidated Acts(1) If the pre-referral period has ended, but a negotiated agreement has not been reached, a consultation and negotiation party for the proposed mining lease may refer the proposed mining lease to the tribunal for a decision under this division (a native title issues decision).
(2) The referral must be—
(a) lodged with the mining registrar; and
(b) made in the approved form.
(3) A copy of the approved form lodged with the mining registrar must also be given to the other consultation and negotiation parties for the proposed mining lease.
(4) If there has been no referral within 3 months after the end of the pre-referral period, the Minister may reject the application for the proposed mining lease.
(5) If the pre-referral period has ended, and a registered native title party who lodged an objection under section 668 has not withdrawn the objection, the proposed mining lease is taken to have been referred to the tribunal under subsection (1).
(6) In this section—
pre-referral period means—
(a) if an environmental impact statement for the proposed mining lease is not required to be prepared under another State Act or a Commonwealth Act—
(i) the period of 6 months starting on the notification day (native title issues); or
(ii) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under subparagraph (i), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time; or
(b) otherwise—the period which, out of the following periods, ends latest—
(i) the period of 3 months starting on the day the environmental impact statement is publicly notified under the other State Act or the Commonwealth Act;
(ii) if the registered native title parties for the non-exclusive land and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time;
(iii) the period of 6 months starting on the notification day (native title issues).