help with native title and understanding tenements

Giday.   I have been doing what everyone says and researching for my own area to detect.  i have been useing geoview and found an area (green zone) that i am interested in.   there are historical shallow workings that are supposed to have produced up to 58grams per ton from quatzs reefs.  There are no mining leases in this green zone only a huge granted exploration lease and inside that there are quite a few pending prospecting leases.  these seem to overlay each other and i am not sure what that means to me.    if the pending prospecting is inside the exploration i am allowed to travel and detect on the blue zone even though it has two leases???  

also i looked and the whole area is shaded if i click native title claims,  the whole area is shaded if i click native title(federal court)   and there is no shading if i click native title determined area and indigenous land use agreement.   does this mean there is a claim but not granted for native title and am i allowed to detect there?

many thanks
craigant

I think you will find there isn't a piece of WA that doesn't have a granted or pending native title claim and I wouldn't worry about it, it will affect the company or persons who will eventually mine the area more than it will affect you.
If it's an actual aboriginal reserve/community, you will need their permission to enter their land and to keep the peace. Best of luck with that bit.
As it is granted exploration lease, you will need the 40E permit to access the ground unless you get permission from the company. As the Prospecting patches are only pending then you only need to deal with the 40E until the PL's are granted.
That's my thoughts about it.

Most parts of WA have native title claims over it. There are some areas where the claim has now been determined and is classified as a 'Determined Area'. There are also areas where there were claims, but these have been rejected and there are now no claims. Although a group can always lodge a new claim.

Without seeing the actual area you are talking about, I am guessing that the exploration Licence is a 'Live' tenement and then someone has pegged some Special Prospecting Licences on the EL. Are the licences around about 10Ha each?

Section 40E (6) (e) In addition to any conditions that may be imposed under subsection (5) every permit is to be regarded as having been issued subject to conditions that the holder or each holder (in the case of joint holders) —must not prospect on land that is the subject of a special prospecting licence under section 70

This may only apply once the SPLs are granted...not sure though

Bignuggs wrote:I think you will find there isn't a piece of WA that doesn't have a granted or pending native title claim and I wouldn't worry about it, it will affect the company or persons who will eventually mine the area more than it will affect you.
If it's an actual aboriginal reserve/community, you will need their permission to enter their land and to keep the peace. Best of luck with that bit.  
As it is granted exploration lease, you will need the 40E permit to access the ground unless you get permission from the company. As the Prospecting patches are only pending then you only need to deal with the 40E until the PL's are granted.
That's my thoughts about it.

ok so i apply for a section 40e. i take it the prospecting licences cant become active untill the active exploration licence has been surrendered. Untill then the people that have applied for these prospecting licences still need to make section 40e applicatins to prospect?

there is a aboriginal town/community very close by. but noting comes up that sort of says the area is their land. no determined native title claims. even the township its self have an active exploration licence on it and pending prospecting application.

The pending PL's are on top of the exploration lease. until such time they are live leases, you only need to deal with the EL.
If there is a community close by, the boundary will be marked on tengraph. best if you stay out of the community ground.