Crown lays claim to uranium in NSW – what of pre-existing indigenous title rights?


New South Wales

Mining Legislation Amendment
(Uranium Exploration) Bill 2012
[2] Section 379AA 8

Insert after section 379: 9

379AA Uranium the property of the Crown 10

(1) All uranium existing in a natural state on or below the surface of 11
any land in the State is the property of the Crown, and is taken to 12
have been so always. 13

(2) All Crown grants and leases and every licence and other 14
instrument of title or tenure under any Act relating to lands of the 15
Crown, whether granted before or after the commencement of 16
this section, are taken to contain a reservation to the Crown of all 17
uranium existing in a natural state on or below the surface of the 18
land comprised in the instrument concerned. 19

(3) No compensation is payable by the Crown for: 20
(a) any uranium that was at any time vested in any person 21
other than the Crown, or 22
(b) any rights or interests in any uranium of any person other 23
than the Crown that are affected by the operation of this 24
section. 25

(4) The provisions of this section have effect despite anything 26
contained in section 42 of the Real Property Act 1900. 27

(5) In this section: 28
compensation includes damages or any other form of monetary 29
compensation. 30