Prospectus - Kingsrose Mining

Section 10
Solicitor’s Report
determines whether the act can be done, not done or done subject to conditions. A right then exists for a State
or Territory Minister to overrule the determination of the arbitral body if it considers it to be in the interest of
the State or Territory.
The Native Title Act authorises the entering of Indigenous Land Use Agreements (“ILUAs”), which provide
for Native Title claimants or holders and the grantee party to enter into agreements, which once registered
at the NNTT, can serve to validate tenements that have already been granted and that may be invalid. ILUAs
can also be used to obtain the Native Title claimant’s or holder’s consent to the granting of current tenement
applications and to obtain the Native Title claimants or holders consent for future tenement applications
within a certain area.
Similarly, the grantee party and Native Title claimant groups can negotiate and enter into agreements covering
heritage protocols for exploration and/or mining, which will facilitate the grant of tenement applications.
Such agreements are not registered under the Native Title Act but serve more as a contract between the mining
company and the relevant Aboriginal group.
4. ABORIGINAL HERITAGE AND ABORIGINAL SITES
4.1 Commonwealth
There is Commonwealth heritage legislation, the Aboriginal and Torres Strait Islander Heritage Protection Act
1984 (Cth) (“National Heritage Act”), which applies to the Tenements. The Act is aimed at the preservation
and protection of significant Aboriginal areas and objects through their use in a manner inconsistent with
Aboriginal traditions. There may be sites of Aboriginal heritage or significance that are subject to such
legislation that are located on the land on which the Tenements are situated. This may affect exploration or
mining activities on the Tenements.
In respect of any Aboriginal sites or places of Aboriginal heritage that are on the Tenements or may be
identified on the Tenements, the Company will need to ensure that any interference with Aboriginal sites is in
strict conformity with the provisions of the National Heritage Act.
4.2 Western Australia
The Aboriginal Heritage Act 1972 (WA) also applies to the Tenements (“WA Heritage Act”). This Act makes it
an offence to alter or damage an Aboriginal site or object on or under an Aboriginal site. An ‘Aboriginal site’
is defined to include any sacred, ritual or ceremonial site which is of importance and special significance to
persons of Aboriginal descent.
Although the WA Heritage Act states that the Minister has a duty to keep a record of Aboriginal sites,
there is no requirement for an Aboriginal site to be registered in any public manner or, indeed, in any way
acknowledged as an Aboriginal site for it to qualify as an Aboriginal site for the purposes of the WA
Heritage Act.
We have not undertaken searches to ascertain if any Aboriginal sites have been registered in the vicinity of the
Tenements under either the National Heritage Act or the WA Heritage Act as there is no obligation to register
sites and in any event the exact location of the sites is not ascertainable from such searches.
In respect of any Aboriginal sites or places of Aboriginal heritage that are on the Tenements or may be
identified on the Tenements, the Company may need to ensure that any interference with Aboriginal sites is in
strict conformity with the provisions of the WA Heritage Act and the National Heritage Act.
Page 56
5. QUALIFICATIONS
Our Report is based on, and subject to, the assumptions and qualifications set out below and as otherwise
specified elsewhere in this Report:
• We have relied upon information provided by third parties, including government departments and
have relied upon that information being accurate, complete and up to date as at the date of its receipt.
• References to areas in the Tenement Schedule are taken from the searches and we have not yet verified
the accuracy of such areas. We have not conducted positioning and spacial searches of the Tenements
on the “TENGRAPH” system to determine the exact areas of the Tenements or the locations of any
limitations or excisions upon the Tenements.