Native title procedures for sales permits

Under native title legislation, the issue of a sales permit for state quarry material administered under the Forestry Act 1959 is regarded as a 'future act'. This means that a native title assessment will be required as part of the application process. A sales permit will not be issued unless the state considers that native title has been appropriately addressed.

Native title can be addressed in a number of ways depending on the land on which quarrying activities will take place and the type of quarrying that will occur. On certain tenures, there may be a requirement for the negotiation of a registered Indigenous land use agreement (ILUA) before the sales permit is issued.

Similarly native title must be appropriately addressed before the state can vary an existing sales permit for state quarry material administered under the Forestry Act 1959 as such variation is also a future act.

It is up to the project proponent (quarry operator) to decide how to address native title.

Indigenous land use agreements (ILUAs)

The Native Title Act 1993 (Cwth) enables sales permit applicants and registered and determined native title parties to make Indigenous land use agreements (ILUAs) about how land and waters in the agreement will be used and managed.

ILUAs can incorporate many future acts and large-scale operations.

Quarry proponents may, for example, choose to negotiate an ILUA for multiple activities and other leases, licences or permits that may be required in addition to the sales permit for state quarry material administered under the Forestry Act 1959.

Right to negotiate process

The right to negotiate process cannot be used to address native title for the issue of a sales permit for state quarry material or for subsequent variation of a sales permit.

Registered cultural heritage management plans

If the proposed quarry activity requires an environmental impact statement, the quarry proponent needs to develop and register a cultural heritage management plan.

If the quarry activity does not involve an environmental impact statement, the quarry proponent will still need to take into account the Aboriginal Cultural Heritage Act 2003 or the Torres Strait Islander Cultural Heritage Act 2003.

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