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Monday, 20 December 1993
Page: 5257


Senator GARETH EVANS (Minister for Foreign Affairs) (2.26 p.m.) —Each separate component of the infrastructure has its own regime applicable to it. If we are talking about something in the nature of a public work—a road or an access provision of that kind—other provisions govern that, if it is to be supplied by the government on behalf of the particular exercise. If it is infrastructure to be developed by the mining operation itself, it would either be within the scope of the original activity the subject of the discussion in question, or it would be a separate future act and dealt with as such under the regime of the legislation.

  Future acts encompass a whole variety of different forms of activity. In one way or another the development of infrastructure in a way that impacted upon native titleholders—that is always the threshold requirement—is picked up so far as mining operations are concerned. I will see whether there is any further information that the advisers wish to add to that. Essentially, they confirm what I am saying.

  If something is to occur on or about the environs of the mine site or in order to give access to it, the activity in question has to be covered by the terms of the mining lease. It would have to be covered either by some additional form of government proprietary right being vested in the mining company to enable it to embark upon the work in question, or by something in the nature of a government public work activity. Each one of those situations are provided for in various parts of the legislation.