AuKing Mining Limited Prospectus

AuKing Mining Limited Solicitor’s Report on Tenements HopgoodGanim Lawyers Page 31 of 46 properly identified and any disturbance is pursuant to consent being given under section 18 of the AH Act. 7.4 It is a defence under section 62 of the AH Act if the person disturbing the place or object did not know and could not reasonably be expected to have known, that the place or object to which the offence relates was a place or object protected under the AH Act. 7.5 The Minister for Indigenous Affairs may consent, pursuant to section 18 of the AH Act, to a person using land in a way that is likely to disturb sites or objects in breach of section 17 of the AH Act on recommendation from the ‘Aboriginal Cultural Materials Committee’, a committee of approved persons with expertise in Aboriginal cultural heritage. Such consent may be provided subject to conditions as appropriate. 7.6 Practically, proponents usually seek to conduct surveys with Aboriginal people who can traditionally speak for the relevant area prior to conducting ground disturbing activities that may interfere with Aboriginal places or objects and so that they can, where necessary, make application to the Minister for Indigenous Affairs. These surveys are also useful for proponents if they have to argue for the defence under section 62 of the AH Act where disturbance is caused. 7.7 However, as noted above, the absence of recorded aboriginal cultural heritage sites within the remainder of the WA Tenements does not mean that aboriginal cultural heritage sites or objects do not exist within these other areas. The absence of recorded Aboriginal heritage sites or objects may simply reflect a lack of previous cultural heritage surveys having been conducted in an area. For conclusive results, cultural heritage surveys of these other areas must be conducted to identify any existing aboriginal cultural heritage. 8. Material Contracts Jaru Native Title Heritage Agreement 8.1 There is a Native Title, Heritage Protection and Mineral Exploration Agreement for Lamboo Lands between 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 KLC and AAR dated 5 December 2018, which relates to the lands the subject of the Jaru (formerly Lamboo) Native Title Claim (WC2012/003) ( Jaru Native Title Heritage Agreement ). The Tenements the subject of this agreement are show in Schedule 1. 8.2 Under the Jaru Native Title Heritage Agreement, the claim group agreed to the grant of certain tenement applications by AAR. The Jaru Native Title Heritage Agreement provides for AAR’s use of the area overlapping the Jaru Claim and provides an agreed procedure for AAR to carry out exploration on the tenements in consideration for certain benefits provided to the Jaru traditional owners under the agreement. Koonjie-Elvire Native Title Heritage Agreement 8.3 There is a 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 KLC and AAR dated 5 December 2018 ( Koonjie-Elvire Native Title Heritage Agreement ). The Tenements the subject of this agreement are show in Schedule 1. 8.4 Under the Koonjie-Elvire Native Title Heritage Agreement, the claim group agreed to the grant of certain tenement applications by AAR. The Koonjie-Elvire Native Title Heritage Agreement provides for AAR’s use of the area overlapping the Koonjie-Elvire group’s land and provides an agreed procedure for AAR to carry out exploration on the tenements in consideration for certain benefits provided to the Koonjie-Elvire traditional owners under the agreement. continued 9. S olicitor’s Report on Koongie Park Tenements 186