A member asked almost 9 years ago

Aboriginal land rights compensation

Does a mining company have to pay me or my indigenous people compensation if it wants to explore on our land?

For exploration the short answer is "no".


However, depending on your State, there are policies in place which strongly encourage them to negotiate with native title holders and to come to an arrangement prior to getting their exploration licence.


They are also required to respect whatever Aboriginal Heritage laws are applicable in your State. As destruction of Aboriginal Sites can be a criminal offence, most mining companies will enter into a heritage protection agreement with the registered native title holders or claimants to set up heritage surveys or cultural monitoring of their activities as part of their risk management (or because the relevant state government requires them to). Access fees and other benefits can also be incorporated into these agreements, particularly if the exploration is going to be in Aboriginal Reserve land or other land over which you have an interest (other than native title) or which is under frequent use by native title holders.


You should talk to your group's PBC (if determined) or Native Title Representative Body to find out how they handle these matters - most have a template that they use. If there is no native title claim or determination over the land in question, you have four months from the date the licence application was notified to get one registered (which means three months to get it prepared, authorised and filed) or you have no native title rights in relation to that licence at all.

Answered over 7 years ago   Legal disclaimer

Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.