AuKing Mining Limited Prospectus

AuKing Mining Limited Solicitor’s Report on Tenements HopgoodGanim Lawyers Page 13 of 46 3.67 None of the information reviewed or received indicate that consents under section 18 of the Aboriginal Heritage Act 1972 (WA) ( AH Act ) have been granted in respect of the areas the subject of Registered Heritage Sites detailed in this Solicitor’s Report. 3.68 It is important to note that the inclusion or non-inclusion of an area or place on the DPLH Heritage register is not in any way indicative of the existence of Aboriginal cultural heritage. 3.69 We are aware of a number of heritage sites overlapping some of the Tenements that are not registered on DPLH’s AHIS but have been identified in the results of heritage surveys previously conducted over some of the Tenements. 3.70 Detailed information of the laws concerning Aboriginal cultural heritage is provided at paragraph 7. Native Title, Heritage and Indigenous Land Use Agreements 3.71 We have been provided with the following Native Title agreements (described in more detail in paragraph 8): (a) Native Title, Heritage Protection and Mineral Exploration Agreement for Lamboo Lands between Kimberley Land Council Aboriginal Corporation ( KLC ) and AAR dated 18 June 2007 as varied by Deed of Variation Native Title, Heritage Protection and Mineral Exploration Agreement for Jaru (formerly Lamboo Lands) between Kimberley Land Council Aboriginal Corporation and AAR dated 5 December 2018; (b) Native Title, Heritage Protection and Mineral Exploration Agreement for Koonjie-Elvire Lands between KLC and AAR dated 18 June 2007 as varied by Deed of Variation Native Title, Heritage Protection and Mineral Exploration Agreement for Koonjie-Elvire Lands between Kimberley Land Council Aboriginal Corporation and AAR dated 5 December 2018; (c) Native Title, Heritage Protection and Mineral Exploration Agreement for Ngarrawanji Lands between KLC and AAR dated 3 December 2018. 3.72 Searches of the ILUA register indicate that there are no registered ILUAs covering the areas of the Tenements. 4. Governing Legislation for the Tenements Overview 4.1 The Mining Act governs the exploration for and production of minerals in Western Australia. The Mining Act is supported by the Mining Regulations 1981 (WA) ( Mining Regulations ) and is administered by the Minister for Mines and Petroleum ( Minister ). Subject to the provisions of the Mining Act, the Crown owns all gold, silver and any other precious minerals existing in their natural condition on or below the surface of any land whether or not the land has been alienated from the Crown (section 9(1) of the Mining Act). Mining Leases Grant of mining lease 4.2 An application for a mining lease must be made by a ‘person’, by reference to a written description of the area of land over which the lease is sought and be accompanied by a mining proposal or a ‘statement’ outlining mining intentions accompanied by either a mineralisation report or a resource report (section 74(1)(ca) of the Mining Act). Where more than one continued 9. S olicitor’s Report on Koongie Park Tenements 168