George Cash

George Cash


    Mining titles to be granted without referral to Native Title Act

    14/08/1995 12:00 AM



    The State Government will grant titles over land previously covered by mining leasehold without referral through the Native Title Act.


    Mines and Lands Minister George Cash said legal advice indicated valid grants of gold mining leases, coal mining leases, mineral leases and mining leases which pre-dated January 1, 1994 extinguished any native title which may have existed.


    "This advice is based on a detailed analysis of the nature of these mining tenements and the rights and obligations of tenement holders within the context of recent court judgements," Mr Cash said.


    "In the Mabo case, the High Court ruled that leases which give the lessee exclusive rights extinguished native title rights."


    Mr Cash said all the leases referred to, which had been granted under the Mining Act 1904 or the Mining Act 1978, fell under that category.


    "As a consequence, native title would have been extinguished on such leasehold and the Native Title Act does not apply," he said.


    "This will speed up the granting of some mining titles in those areas as well as other developments around some country towns where land was previously used for mining purposes."


    Media contact:  Mark Thompson 222 9595