Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998 (Qld)

Queensland NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT ACT (No. 2) 1998 Act No. 38 of 1998

Queensland NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT ACT (No. 2) 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—AMENDMENT OF FOSSICKING ACT 1994 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Replacement of s 11 (Act’s application to native title land) . . . . . . . . . . . 14 11 Act’s application if approved determination of native title . . . . . . . 15 PART 3—AMENDMENT OF MINERAL RESOURCES ACT 1989 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Amendment of s 25 (Conditions of prospecting permit) . . . . . . . . . . . . . . . . 16 9 Amendment of s 271 (Minister to consider recommendation made in respect of application for grant of mining lease) . . . . . . . . . . . . . . 16 10 Insertion of new pts 12–18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 12—INTRODUCTION TO NATIVE TITLE PROVISIONS 419 Application of native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 17 420 Effect of failure to comply with native title provisions . . . . . . . . . . 17 421 Definitions for native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 17 422 Other provisions for interpretation of native title provisions . . . . . . 19 423 Application of Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 13—NATIVE TITLE PROVISIONS FOR PROSPECTING

2 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 PERMITS Division 1—Preliminary 424 Purpose of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 425 Exclusion of certain prospecting permits from pt 13 . . . . . . . . . . . . . 21 426 Limited application of pt 13 to prospecting permit in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 427 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 428 Meaning of “low impact prospecting permit” . . . . . . . . . . . . . . . . . . 22 Division 2—Notification requirements 429 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 430 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3—Consultation requirements before entry 431 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 432 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 433 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 434 Native title notification parties may seek mediation . . . . . . . . . . . . 25 435 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 436 Mining registrar may recommend action . . . . . . . . . . . . . . . . . . . . . . 26 PART 14—NATIVE TITLE PROVISIONS FOR MINING CLAIMS Division 1—Preliminary 437 Purpose of pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 438 Exclusion of certain agreed mining claims from pt 14 . . . . . . . . . . . 27 439 Limited application of pt 14 to mining claim in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 440 Definitions for pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 441 Meaning of “surface alluvium (gold or tin) mining claim” . . . . . . . 29 Division 2—Surface alluvium (gold or tin) mining claims Subdivision 1—Preliminary 442 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Subdivision 2—Notification requirements and right to be heard 443 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 444 Native title notification parties’ right to be heard . . . . . . . . . . . . . . . 30

3 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 Subdivision 3—Consultation requirements 445 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 446 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 447 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 448 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 449 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 32 450 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 4—Hearing requirements 451 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 452 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 453 Tribunal must consider consultation matters and agreed issues . . . 35 454 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 35 Subdivision 5—Notice of grant 455 Notice to other consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 3—Other mining claims on alternative provision areas 456 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 457 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 458 Applying pt 17, div 3 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 4—Other mining claims not on alternative provision areas 459 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 460 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 461 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 5—Renewals of mining claims 462 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 463 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 6—Requirements for subsidiary approvals 464 Requirements for approval—adding minerals to mining claim . . . . 40 PART 15—NATIVE TITLE PROVISIONS FOR EXPLORATION PERMITS Division 1—Preliminary 465 Purpose of pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 466 Exclusion of certain agreed exploration permits from pt 15 . . . . . . . 42

4 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 467 Limitation of application of pt 15 to exploration permit in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 468 Meaning of “low impact exploration permit” . . . . . . . . . . . . . . . . . . 43 469 Meaning of “low impact activity” . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 470 Meaning of “high impact exploration permit” . . . . . . . . . . . . . . . . . 44 Division 2—Low impact exploration permits Subdivision 1—Preliminary 471 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 472 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Subdivision 2—Notification requirements 473 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Subdivision 3—Consultation requirements before entry 474 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 475 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 476 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 477 Native title notification parties may seek mediation . . . . . . . . . . . . 48 478 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 479 Mining registrar may recommend action . . . . . . . . . . . . . . . . . . . . . . 49 Division 3—High impact exploration permits on alternative provision areas Subdivision 1—Preliminary 480 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 481 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Subdivision 2—Notification requirements and right to object 482 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 483 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 484 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 485 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 486 Ending of additional requirements if no objection lodged . . . . . . . . 52 Subdivision 3—Consultation and mediation 487 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 488 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 53

5 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 489 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 490 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 491 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 53 492 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 493 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 494 Process for consultation—guidelines for applicant . . . . . . . . . . . . . . 54 495 Process for consultation—agreement with or without conditions . . 55 496 Process for consultation—agreement with conditions . . . . . . . . . . . 56 Subdivision 4—Hearing of objections and tribunal’s decision 497 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 498 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 499 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 500 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 57 501 Nature of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 502 Overruling of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 4—High impact exploration permits not on alternative provision areas 503 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 504 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 505 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 5—Renewals of exploration permits 506 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 507 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 6—Requirements for subsidiary approvals 508 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 509 Requirements for variation—low impact exploration permit . . . . . . 61 510 Requirements for variation—high impact exploration permit . . . . . 62 511 Requirements for variation—other exploration permits . . . . . . . . . . 62 PART 16—NATIVE TITLE PROVISIONS FOR MINERAL DEVELOPMENT LICENCES Division 1—Preliminary 512 Purpose of pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

6 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 513 Exclusion of certain agreed mineral development licences from pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 514 Limited application of pt 16 to mineral development licence in approved opal or gem mining area . . . . . . . . . . . . . . . . . . 64 515 Meaning of “low impact mineral development licence” . . . . . . . . . 64 516 Meaning of “low impact activity” . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 517 Meaning of “high impact mineral development licence” . . . . . . . . 66 Division 2—Low impact mineral development licences Subdivision 1—Preliminary 518 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 519 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Subdivision 2—Notification requirements 520 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Subdivision 3—Consultation requirements before entry 521 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 522 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 523 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 524 Native title notification parties may seek mediation . . . . . . . . . . . . 70 525 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 526 Mining registrar may recommend action . . . . . . . . . . . . . . . . . . . . . . 71 Division 3—High impact mineral development licences on alternative provision areas Subdivision 1—Preliminary 527 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 528 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Subdivision 2—Notification requirements and right to object 529 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 530 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 531 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 532 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 533 Ending of additional requirements if no objection lodged . . . . . . . . 74 Subdivision 3—Consultation and mediation 534 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

7 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 535 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 74 536 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 537 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 538 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 75 539 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 540 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 541 Process for consultation—guidelines for applicant . . . . . . . . . . . . . . 76 542 Process for consultation—agreement with or without conditions . . 77 543 Process for consultation—agreement with conditions . . . . . . . . . . . 78 Subdivision 4—Hearing of objections and tribunal’s decision 544 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 545 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 546 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 547 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 79 548 Nature of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 549 Overruling of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 4—High impact mineral development licences not on alternative provision areas 550 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 551 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 552 Applying pt 17, div 4 to grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 5—Renewals of mineral development licences 553 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 554 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 6—Requirements for subsidiary approvals 555 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 556 Requirements for variation—low impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 557 Requirements for variation—high impact mineral development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 558 Requirements for variation—other mineral development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

8 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 559 Requirements for approval—variation of access for high impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . 84 560 Requirements for approval—adding minerals to high impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . 85 PART 17—NATIVE TITLE PROVISIONS FOR MINING LEASES Division 1—Preliminary 561 Purpose of pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 562 Exclusion of certain agreed mining leases from pt 17 . . . . . . . . . . . 86 563 Limited application of pt 17 to mining lease in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 564 Meaning of “surface alluvium (gold or tin) mining lease” . . . . . . . 87 565 No re–opening of issues previously decided . . . . . . . . . . . . . . . . . . . 88 Division 2—Surface alluvium (gold or tin) mining leases Subdivision 1—Preliminary 566 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 567 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 568 Meaning of “surface alluvium (gold or tin) mining lease” . . . . . . . 89 Subdivision 2—Notification requirements and right to be heard 569 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 570 Native title notification parties’ right to be heard . . . . . . . . . . . . . . . 91 Subdivision 3—Consultation requirements 571 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 572 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 573 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 574 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 575 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 92 576 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Subdivision 4—Hearing requirements 577 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 578 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 579 Tribunal must consider consultation matters and agreed issues . . . 95 580 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 95

9 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 Subdivision 5—Notice of grant 581 Notice to other consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Division 3—Other mining leases on alternative provision areas Subdivision 1—Preliminary 582 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 583 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Subdivision 2—Notification and registration requirements 584 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 585 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 586 Registered native title parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 587 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 588 Ending of additional requirements if notice of non–objection lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 589 Participation in consultation and negotiation of potential registered native title party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 3—Consultation and negotiation 590 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . 102 591 Consultation and negotiation period . . . . . . . . . . . . . . . . . . . . . . . . . 102 592 Requirement for consultation and negotiation . . . . . . . . . . . . . . . . . 103 593 Content of negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 594 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 595 Process for consultation and negotiation—applicant consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 596 Process for consultation and negotiation—registered native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 597 Process for consultation and negotiation—taking account of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . 107 598 Process for consultation and negotiation—negotiated agreement with or without conditions attached . . . . . . . . . . . . . . . . 107 599 Process for consultation and negotiation—negotiated agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . 108 600 Objection during consultation and negotiation period . . . . . . . . . . 108 Subdivision 4—Referral and native title issues decision 601 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . 109

10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 602 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . 110 603 Withdrawal of referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 604 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 605 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . 111 Subdivision 5—Requirements for combined hearing 606 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . 112 607 Issue of compliance with sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 608 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 113 609 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . 114 610 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 114 611 Tribunal’s native title issues decision . . . . . . . . . . . . . . . . . . . . . . . 115 612 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 613 General time requirement for making native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Division 4—Other mining leases not on alternative provision areas Subdivision 1—Preliminary 614 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 615 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Subdivision 2—Notification and registration requirements 616 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 617 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 618 Registered native title parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 619 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 620 Ending of additional requirements if notice of non–objection lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 621 Participation in consultation and negotiation of potential registered native title party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Subdivision 3—Consultation and negotiation 622 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . 125 623 Consultation and negotiation period . . . . . . . . . . . . . . . . . . . . . . . . . 125 624 Requirement for consultation and negotiation in good faith . . . . . 126 625 Content of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . 127 626 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

11 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 627 Process for consultation and negotiation—applicant consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 628 Process for consultation and negotiation—registered native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 629 Process for consultation and negotiation—taking account of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . 130 630 Process for consultation and negotiation—negotiated agreement with or without conditions attached . . . . . . . . . . . . . . . . 130 631 Process for consultation and negotiation—negotiated agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . 131 632 Objection during consultation and negotiation period . . . . . . . . . . 131 Subdivision 4—Referral and native title issues decision 633 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . 132 634 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . 133 635 Withdrawal of referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 636 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 637 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . 134 Subdivision 5—Requirements for combined hearing 638 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . 135 639 Issue of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 640 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 136 641 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . 137 642 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 137 643 Tribunal’s native title issues decision . . . . . . . . . . . . . . . . . . . . . . . 138 644 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 645 General time requirement for making native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Subdivision 6—Special provisions about completion of combined hearing and making of native titles issues decision 646 Giving of urgency notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 647 Minister’s decision if tribunal recommendation delayed . . . . . . . . 142 648 Consultation before Minister’s decision . . . . . . . . . . . . . . . . . . . . . . 143 649 Minister’s decisions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

12 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 Division 5—Renewals of mining leases 650 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 651 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Division 6—Requirements for subsidiary approvals 652 Requirements for approval—variations and additions . . . . . . . . . . 146 PART 18—COMPENSATION PROVISIONS 653 Native title holders compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 147 654 Compensation found to be payable after negotiated agreement concluded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 655 Dealing with amount held in trust for compensation—determination of no native title . . . . . . . . . . . . . . . 149 656 Dealing with amount held in trust for compensation—determination of native title . . . . . . . . . . . . . . . . . 150 657 Dealing with amount held in trust for compensation–other determination about compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 151 658 Dealing with amount held in trust for compensation–no applicable provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 11 Replacement of pt 12 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 12 Renumbering of ss 419 and 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 PART 4—AMENDMENT OF NATIVE TITLE (QUEENSLAND) ACT 1993 13 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 14 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 15 Amendment of s 18 (Confirmation of access to beaches etc. (NTA, s 197(2) and (3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 16 Replacement of s 146 (Section headings and attachment—Commonwealth Native Title Act) . . . . . . . . . . . . . . . . . . . . . 154 146 Section headings—Commonwealth Native Title Act . . . . . . . . . . . 154 146A Rights to mine covering both alternative provision areas and other areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

Queensland Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998 Act No. 38 of 1998 An Act to amend the Fossicking Act 1994 and the Mineral ResourcesAct 1989 for native title purposes, and to amend the Native Title(Queensland) Act 1993 [Assented to 27 November 1998]

s 1 14 s 5 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 The Parliament of Queensland enacts— PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998 . ˙ Commencement 2. Parts 3 and 4 commence on a day to be fixed by proclamation. PART 2—AMENDMENT OF FOSSICKING ACT 1994 ˙ Act amended in pt 2 3. This part amends the Fossicking Act 1994 . ˙ Amendment of s 3 (Definitions) 4. Section 3, definition, “owner”— omit, insert — ‘ “owner” see section 8(1).’. ˙ Replacement of s 11 (Act’s application to native title land) 5. Section 11— omit, insert —

s 6 15 s 7 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Act’s application if approved determination of native title ‘ 11.(1) This Act does not apply to land or waters if— (a) there is an approved determination of native title over the land or waters; and (b) the determination provides that native title exists over the land or waters. ‘ (2) However, this Act does apply to the land or waters if— (a) there is an indigenous land use agreement for the land or waters that is registered on the register of indigenous land use agreements; and (b) the agreement provides for fossicking over the land or waters. ‘ (3) In this section— “approved determination of native title” see Native Title Act 1993 (Cwlth), section 253. “indigenous land use agreement” see Native Title Act 1993 (Cwlth), section 253. “register of indigenous land use agreements” see Native Title Act 1993 (Cwlth), section 253.’. PART 3—AMENDMENT OF MINERAL RESOURCES ACT 1989 ˙ Act amended in pt 3 6. This part amends the Mineral Resources Act 1989 . ˙ Amendment of s 5 (Definitions) 7. Section 5— insert—

s 8 16 s 9 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ “Commonwealth NativeTitleAct” means the Native Title Act 1993 (Cwlth). “native title provisions” means the following provisions— • part 12 • part 13 • part 14 • part 15 • part 16 • part 17 • part 18. “tribunal” means the Land and Resources Tribunal.’. ˙ Amendment of s 25 (Conditions of prospecting permit) 8. Section 25— insert— ‘ (5) To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18(1). 1 ’. ˙ Amendment of s 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 9. Section 271(1), after ‘section 269(4)’— insert— ‘or 579 2 ’. 1 Section 18 (Entitlements under prospecting permit) 2 Section 579 (Tribunal must consider consultation matters and agreed issues)

s 10 17 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ Insertion of new pts 12–18 10. After section 418— insert— ‘ PART 12—INTRODUCTION TO NATIVE TITLE PROVISIONS ˙ ‘ Application of native title provisions ‘ 419.(1) The native title provisions state requirements in addition to parts 3 to 7 that have effect instead of the right to negotiate provisions. ‘ (2) However, the native title provisions apply to an act only if it is an act— (a) to which the right to negotiate provisions are expressed to apply under section 26 3 of the Commonwealth Native Title Act; or (b) determined in writing by the Commonwealth Minister to be an act that is— (i) an approved exploration etc. act; or (ii) an approved gold or tin mining act. ˙ ‘ Effect of failure to comply with native title provisions ‘ 420. An act to which the native title provisions apply is invalid to the extent that it affects native title unless the requirements of the native title provisions are complied with. ˙ ‘ Definitions for native title provisions ‘ 421. In the native title provisions— “alternative provision area” means an alternative provision area under section 43A(2) of the Commonwealth Native Title Act. 3 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act

s 10 18 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 “applicant” , for a proposed mining tenure, includes, if the context permits, a person who intends to apply for the proposed mining tenure. “approved opal or gem mining area” means an area of land that is— (a) an approved opal or gem mining area determined in writing by the Commonwealth Minister under section 26C 4 of the Commonwealth Native Title Act; and (b) prescribed under a regulation. “decision” includes the following— (a) determination; (b) for a decision of the tribunal—a recommendation made by the tribunal. “mining tenure” means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease. “native title notification party” , for land, means— (a) a registered native title body corporate whose name is contained in the national native title register because of an approved determination of native title in relation to any of the land; or (b) a registered native title claimant in relation to any of the land; or (c) a representative Aboriginal/Torres Strait Islander body for an area that includes any of the land. “non-exclusive land” means land over which native title has not been extinguished, but only to the extent that the land is a place mentioned in section 26(3) 5 of the Commonwealth Native Title Act. “non-monetary compensation” includes the following— (a) the transfer of land or other property; (b) the provision of goods or services; (c) the creation of employment opportunities. 4 Section 26C (Excluded opal or gem mining) of the Commonwealth Native Title Act 5 Section 26(3) (When subdivision applies - Seas and intertidal zone excluded )

s 10 19 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 “registered native title rights and interests” means registered native title rights and interests under section 30(3) of the Commonwealth Native Title Act. “relevant special interest publication” , for a proposed mining tenure, means a newspaper or magazine that— (a) caters mainly or exclusively for the interests of Aboriginal peoples or Torres Strait Islanders; and (b) circulates in the geographical area that may be affected by the proposed mining tenure or, if the area is an offshore place, the geographical area closest to it; and (c) is published at least once a month. “right to negotiate provisions” means part 2, division 3, subdivision P of the Commonwealth Native Title Act. ˙ ‘ Other provisions for interpretation of native title provisions ‘ 422.(1) Words and expressions used in the Commonwealth Native Title Act and the native title provisions have the same meaning in the native title provisions as they have in the Commonwealth Native Title Act. ‘ (2) Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires. ‘ (3) However, subsection (1) does not apply to a word or expression defined in section 5. 6 ‘ (4) Without limiting subsection (3), a reference in the native title provisions to land, or to land or waters, is a reference to land as defined in section 5, other than land to the seaward side of the mean high-water mark of the sea. ‘ (5) In a native title provision that is about a proposed mining tenure, a reference to the non-exclusive land is a reference to the non-exclusive land that is, or that is included in, the land for which the proposed mining tenure is to be granted. 6 Section 5 (Definitions)

s 10 20 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (6) In a native title provision that is about an existing mining tenure, a reference to the non-exclusive land is a reference to the non-exclusive land that is, or that is included in, the land for which the mining tenure has been granted. ˙ ‘ Application of Judicial Review Act ‘ 423.(1) This section applies to an act to which the alternative provisions apply. ‘ (2) To ensure compliance with section 43A(4)(f) of the Commonwealth Native Title Act, it is declared that the decision to do the act is a decision to which the Judicial Review Act 1991 applies. ‘ (3) Subsection (2) does not limit the Judicial Review Act 1991 . ‘ (4) In this section— “alternative provisions” means laws of Queensland that, under section 43A of the Commonwealth Native Title Act, have effect instead of the right to negotiate provisions. ‘ PART 13—NATIVE TITLE PROVISIONS FOR PROSPECTING PERMITS ‘ Division 1—Preliminary ˙ ‘ Purpose of pt 13 ‘ 424. The purpose of this part is— (a) to state additional requirements that apply for— (i) the granting of a prospecting permit under part 3 if the permit is a proposed low impact prospecting permit over non-exclusive land; and

s 10 21 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (ii) the exercise of the entitlement, under a low impact prospecting permit, to enter non-exclusive land; and (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26A 7 of the Commonwealth Native Title Act. ˙ ‘ Exclusion of certain prospecting permits from pt 13 ‘ 425.(1) This part does not apply to a prospecting permit if— (a) there is an indigenous land use agreement for an area registered on the register of indigenous land use agreements; and (b) the agreement provides that a prospecting permit, that must include conditions stated or described in the agreement, may be granted over land included in the area other than in compliance with the right to negotiate provisions; and (c) the agreement also provides that this part does not apply to land included in the area; and (d) the prospecting permit includes the conditions mentioned in paragraph (b) and is granted over land included in the area. ‘ (2) Also, this part does not apply to a prospecting permit if the permit is— (a) granted over non-exclusive land; and (b) solely for purposes necessary to enable the permit holder to apply for the granting of a mining claim or mining lease over the non- exclusive land. 8 7 Section 26A (Approved exploration acts etc.) of the Commonwealth Native Title Act 8 For the condition described in subsection (2)(b), see section 18(1)(a) (Entitlements under prospecting permit).

s 10 22 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Limited application of pt 13 to prospecting permit in approved opal or gem mining area ‘ 426. This part applies to a proposed prospecting permit in an approved opal or gem mining area only if under section 26C(1) or (1A) of the Commonwealth Native Title Act the grant of the permit is not an act excluded from the application of the right to negotiate provisions. ˙ ‘ Definitions for pt 13 ‘ 427. In this part— “applicant” means the applicant for the proposed low impact prospecting permit. “application notice” see section 430(1). “consultation period” see section 433. “low impact prospecting permit” see section 428. ˙ ‘ Meaning of “low impact prospecting permit” ‘ 428. For this part, a “low impact prospecting permit” is a prospecting permit that— (a) is granted over land that is, or includes, non-exclusive land; and (b) at least to the extent the permit is granted over non-exclusive land, excludes all entitlement to enter for hand mining. ‘ Division 2—Notification requirements ˙ ‘ Application of div 2 ‘ 429. This division states additional requirements that apply for the granting of a low impact prospecting permit.

s 10 23 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Requirement to notify ‘ 430.(1) The applicant must give written notice ( “application notice” ) of the applicant’s intention to lodge an application for a low impact prospecting permit, or of the lodgement of the application, to— (a) each native title notification party for the land to which the application relates; and (b) the mining registrar. ‘ (2) The notice must be given no earlier than 14 days before the lodgement. ‘ (3) The notice must state the following— (a) whether or not the application has been lodged; (b) a description of the land; (c) details of the activities proposed for the land; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must not act under the permit applied for to enter non-exclusive land unless the applicant has complied with all the applicant’s obligations for consultation with the native title notification parties provided for in division 3. ‘ (4) The notice may also state a day for consultation to start under division 3. ‘ (5) The day must be at least 14 days after the giving of the notice to all of the native title notification parties. ‘ Division 3—Consultation requirements before entry ˙ ‘ Requirement to consult ‘ 431.(1) It is a condition of a low impact prospecting permit that the permit holder must not act under the permit to enter the non-exclusive land unless the holder has consulted with each native title notification party for the land to which the permit relates.

s 10 24 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) However, the condition does not require consultation with a native title notification party about an entry if the party has given the permit holder a written notice that the party does not wish to be consulted about the proposed activities stated in the application notice. ˙ ‘ Consultation matters ‘ 432.(1) The purpose of the consultation is to minimise the impact of the entry or activities authorised under the low impact prospecting permit on the exercise of native title rights and interests in relation to the land that will be affected by the entry or activities. ‘ (2) In particular, the consultation must be about the matters mentioned in section 26A(7) 9 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (ii) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the entry; (c) the way in which any other thing that is authorised because of, results from, or otherwise relates to, the entry and affects native title rights and interests, is to be done. ˙ ‘ Consultation period ‘ 433.(1) The “consultation period” for the permit holder’s entry— (a) starts on the day (the “consultation start day” )— 9 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

s 10 25 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (i) stated for that purpose in the application notice for the permit; or (ii) if the day was not stated in the application notice, stated in a written notice given to each of the native title notification parties by the holder; and (b) ends 14 days after the consultation start day. ‘ (2) A notice under subsection (1)(a)(ii) must be given at least 14 days before the consultation start day. ‘ (3) The holder and the native title notification parties may agree to extend the consultation period. ‘ (4) If at any time the holder and the native title notification parties agree there has been enough consultation, the consultation period is taken to end. ˙ ‘ Native title notification parties may seek mediation ‘ 434.(1) In the consultation period, the native title notification parties may ask the mining registrar to hold a conference for mediation about the permit holder’s entry. ‘ (2) A native title notification party or the permit holder may be represented at the conference by a lawyer. ‘ (3) A party to the conference must pay the party’s own costs for the conference. ˙ ‘ Notice of result of consultation ‘ 435.(1) The permit holder must, and any native title notification party may, as soon as practicable after the consultation period ends, give a written notice to the mining registrar about the consultation. ‘ (2) The notice must state— (a) details of the consultation undertaken in the consultation period; and (b) any outcome of the consultation; and

s 10 26 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (c) the day the permit holder entered the land to which the native title rights and interests relate or, if the holder has not entered the land, the day the holder proposes to enter. ‘ (3) A party who gives a notice to the mining registrar under this section must also give a copy of the notice to each other party. ‘ (4) In this section— “party” means— (a) a permit holder; or (b) a native title notification party. ˙ ‘ Mining registrar may recommend action ‘ 436. The mining registrar may recommend action to the Minister to address any matter raised by a native title notification party in the consultation. ‘ PART 14—NATIVE TITLE PROVISIONS FOR MINING CLAIMS ‘ Division 1—Preliminary ˙ ‘ Purpose of pt 14 ‘ 437.(1) The purpose of this part is— (a) to state additional requirements that apply for the granting of a mining claim, or the variation or renewal of a mining claim, under part 4 if the mining claim is to mine gold or tin in surface alluvium over non-exclusive land; and

s 10 27 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26B 10 of the Commonwealth Native Title Act. ‘ (2) The purpose of this part is also— (a) to state additional requirements that apply for the granting of a proposed mining claim, or variation or renewal of a mining claim, under part 4 over non-exclusive land if the mining claim is other than a surface alluvium (gold or tin) mining claim; and (b) in stating the additional requirements, to provide alternative provisions under sections 43 and 43A of the Commonwealth Native Title Act. 11 ˙ ‘ Exclusion of certain agreed mining claims from pt 14 ‘ 438. This part does not apply to a mining claim— (a) if— (i) there is an indigenous land use agreement for an area registered on the register of indigenous land use agreements; and (ii) the agreement provides that a mining claim, that must include conditions stated or described in the agreement, may be granted over land included in the area other than in compliance with the right to negotiate provisions; and (iii) the agreement also provides that this part does not apply to land included in the area; and (iv) the mining claim includes the conditions mentioned in subparagraph (ii); and (v) the mining claim is granted over land included in the area; or 10 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act. 11 Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act.

s 10 28 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) if the mining claim— (i) was the subject of negotiation under the right to negotiate provisions; and (ii) the negotiation resulted in an agreement that included an entitlement for the applicant for the mining claim to apply for and be granted the mining claim without further consultation or negotiation. ˙ ‘ Limited application of pt 14 to mining claim in approved opal or gem mining area ‘ 439. This part applies to a proposed mining claim on an approved opal or gem mining area only if under section 26C(1) of the Commonwealth Native Title Act the grant of the claim is not an act excluded from the application of the right to negotiate provisions. ˙ ‘ Definitions for pt 14 ‘ 440. In this part— “applicant” means— (a) for division 2—the applicant for a proposed surface alluvium (gold or tin) mining claim; or (b) for division 3—the applicant for a proposed mining claim, other than a surface alluvium (gold or tin) mining claim. “consultation agreement” see section 450(2). “consultation parties” see section 445. “consultation matters” includes the purpose of consultation stated in section 448(1) and the matters that consultation must be about under section 448(2). “consultation period” see section 447. “consultation result notice” see section 450(1). “consultation start day” see section 443(3). “surface alluvium (gold or tin) mining claim” see section 441.

s 10 29 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Meaning of “surface alluvium (gold or tin) mining claim” ‘ 441. For this part, a “surface alluvium (gold or tin) mining claim” is a mining claim— (a) that is granted over non-exclusive land; and (b) under which the only right to mine is the right to mine gold or tin in surface alluvium; and (c) under which the only way gold or tin may be recovered from the material that is mined is by a washing or an aeration process; and (d) under which the person given the right to mine must rehabilitate any area of land or waters, in which the mining takes place and in relation to which native title rights and interests may exist, for the purpose of minimising the impact of the mining on the land or waters. ‘ Division 2—Surface alluvium (gold or tin) mining claims ‘ Subdivision 1—Preliminary ˙ ‘ Application of div 2 ‘ 442. This division states additional requirements that apply for the granting of a proposed surface alluvium (gold or tin) mining claim over non-exclusive land under part 4. ‘ Subdivision 2—Notification requirements and right to be heard ˙ ‘ Requirement to notify ‘ 443.(1) The applicant must give written notice of the applicant’s intention to lodge an application for a surface alluvium (gold or tin) mining claim, or of the lodgement of the application, to— (a) each native title notification party for the land to which the application relates; and

s 10 30 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) the mining registrar. ‘ (2) The notice must be given— (a) no earlier than 2 months before the lodgement; and (b) no later than— (i) the end of the period of 7 days after the certificate of application for the proposed mining claim is endorsed by the mining registrar under section 64(2); 12 or (ii) if the mining registrar decides a longer period under section 64(6), the end of the longer period. ‘ (3) The notice must state the following— (a) whether or not the application has been lodged; (b) a description of the land; (c) details of the activities proposed for the land; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must consult with— (i) each registered native title body corporate for the land to which the application relates; and (ii) each registered native title claimant for the land; (f) a day (the “consultation start day”) for consultation to start under subdivision 3 that is at least 2 months after the giving of the notice to all of the native title notification parties; (g) that the native title notification parties have a right to be heard by the tribunal about whether the claim should be granted and other matters relating to the grant. ˙ ‘ Native title notification parties’ right to be heard ‘ 444.(1) Each native title notification party for the land to which the 12 Section 64 (Certificate of application etc.)

s 10 31 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 application relates has a right to be heard by the tribunal about— (a) whether the surface alluvium (gold or tin) mining claim applied for is to be granted; and (b) any other matter relating to the grant. ‘ (2) A native title notification party may, by a notice in writing to the mining registrar, waive the party’s right to be heard. ‘ Subdivision 3—Consultation requirements ˙ ‘ Consultation parties ‘ 445. The “consultation parties” , for a surface alluvium (gold or tin) mining claim application, are— (a) the applicant; and (b) each registered native title body corporate for the land to which the application relates; and (c) each registered native title claimant for the land. ˙ ‘ Requirement to consult ‘ 446.(1) The applicant must consult with each other consultation party. ‘ (2) However, the applicant is not required to consult with another consultation party if the other party has given the applicant a written notice stating that the party does not wish to be consulted about the application. ˙ ‘ Consultation period ‘ 447.(1) The “consultation period” for the application is the period that starts on the consultation start day and ends 2 months after that day. ‘ (2) However, if at any time all the consultation parties agree, whether or not in writing, there has been enough consultation, the consultation period is taken to end.

s 10 32 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (3) The consultation parties may agree to extend the consultation period beyond the time for it to end under subsection (1). ˙ ‘ Consultation matters ‘ 448.(1) The purpose of the consultation is to minimise the impact of the granting of the surface alluvium (gold or tin) mining claim applied for on land or waters in relation to which native title rights and interests may exist and that will be affected by the granting of the mining claim. ‘ (2) In particular, the consultation must be about the matters mentioned in section 26B(8) 13 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (ii) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the mining claim applied for; (c) the way in which any rehabilitation or other thing that is authorised because of, results from, or otherwise relates to, the mining claim applied for, is to be done. ˙ ‘ Consultation parties may seek mediation ‘ 449.(1) In the consultation period, the consultation parties may ask the mining registrar to hold a conference for mediation about the application. ‘ (2) Sections 65 to 70 apply to the conference as if the request were a request by an owner of land affected by the application. 13 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act

s 10 33 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (3) Despite section 66(3), 14 a consultation party may be represented at the conference by a lawyer. ‘ (4) Subject to any order made under section 70, a party to the conference must pay the party’s own costs for the conference. ˙ ‘ Notice of result of consultation ‘ 450.(1) The applicant must, after the consultation period ends, give a written notice (a “consultation result notice” ) to the mining registrar. ‘ (2) The notice must state the following— (a) any outcome of the consultation; (b) whether the consultation parties have reached an agreement for the granting of the surface alluvium (gold or tin) mining claim applied for (a “consultation agreement” ); (c) if a consultation agreement has been reached, details of the agreement, including any agreed conditions for the grant; (d) if a consultation agreement has not been reached, but the consultation parties have agreed in part about the granting of the surface alluvium (gold or tin) mining claim applied for, details of the partial agreement. ‘ (3) The additional requirements provided for in subdivision 4 stop applying to the application if— (a) a consultation result notice has been given; and (b) a consultation agreement has been reached; and (c) all other native title notification parties for the land to which the application relates have waived their rights to be heard. 14 Section 66 (Who may attend conference)

s 10 34 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ Subdivision 4—Hearing requirements ˙ ‘ Application of sdiv 4 ‘ 451. This subdivision applies only if— (a) the consultation period for an application for the granting of the surface alluvium (gold or tin) mining claim has ended; and (b) any of the following applies— (i) a consultation agreement has not been reached about the application; (ii) a consultation result notice has not been given for the application within 7 days after the end of the period; (iii) all other native title notification parties for the land to which the application relates have not waived their rights to be heard. ˙ ‘ Fixing of combined hearing day ‘ 452.(1) The mining registrar must fix a day for the tribunal to hear the application under section 72. 15 ‘ (2) The mining registrar must give written notice of the day to— (a) each consultation party for the application; and (b) all other native title notification parties for the land to which the application relates who have not waived their rights to be heard. ‘ (3) The notice must state that, at the hearing, each of the native title notification parties has a right to be heard by the tribunal about— (a) whether the surface alluvium (gold or tin) mining claim applied for is to be granted; and (b) any other matter relating to the grant. 15 Section 72 (Mining regulation to fix hearing date)

s 10 35 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (4) The mining registrar must not, under section 74, 16 grant the application without a hearing. ˙ ‘ Tribunal must consider consultation matters and agreed issues ‘ 453. In hearing the application under section 77 and in making a decision under section 78, the tribunal must take into account— (a) the consultation matters; and (b) any issue agreed between the consultation parties; and (c) any other matter raised before the tribunal by a native title notification party relating to the grant of the surface alluvium (gold or tin) mining claim. ˙ ‘ General time requirement for hearing ‘ 454.(1) The tribunal must take all reasonable steps to ensure the hearing for the application is finished— (a) within 3 months after the day the consultation parties were notified of the hearing; or (b) as soon as practicable. ‘ (2) However, if the consultation parties ask, the tribunal may— (a) provide mediation about the issues in dispute to the extent that it considers referral of the parties to mediation will be consistent with finishing the combined hearing as soon as practicable; or (b) order further consultation on conditions it considers appropriate. ‘ Subdivision 5—Notice of grant ˙ ‘ Notice to other consultation parties ‘ 455.(1) This section applies if the mining registrar grants a surface 16 Section 74 (Grant of mining claim to which no objection lodged)

s 10 36 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 alluvium (gold or tin) mining claim over non-exclusive land. ‘ (2) The holder of the mining claim must give written notice of the grant to each other consultation party for the application for the mining claim. ‘ (3) The notice must be given within 28 days after the holder receives notice of the grant. ‘ Division 3—Other mining claims on alternative provision areas ˙ ‘ Application of div 3 ‘ 456.(1) This division states additional requirements that apply for the granting of a proposed mining claim over non-exclusive land under part 4, other than a surface alluvium (gold or tin) mining claim. ‘ (2) The additional requirements apply to a grant of a type mentioned in subsection (1) over non-exclusive land that is all or part of an alternative provision area, unless an election is made under subsection (3). ‘ (3) The applicant may elect that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. ˙ ‘ Requirement for grant ‘ 457.(1) The additional requirements applying under part 17, division 3 17 for the granting of a proposed mining lease also apply for the granting of the proposed mining claim. ‘ (2) The requirements apply— (a) in addition to the requirements of part 4; 18 and (b) with necessary changes. 17 Part 17 (Native title provisions for mining leases), division 3 (Other mining leases on alternative provision areas) 18 Part 4 (Mining claims)

s 10 37 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (3) However, for applying section 590 19 and other provisions about consultation and negotiation parties, the State is not a consultation and negotiation party. ˙ ‘ Applying pt 17, div 3 for grant ‘ 458.(1) This section— (a) applies for applying the provisions of part 17, division 3; and (b) does not limit section 457(1). (2) Section 604(3) 20 is taken to require that the mining registrar may not act under section 74 to grant the mining claim unless a negotiated agreement has been reached. (3) Sections 605(2) and (3), 609 and 612 21 do not apply. (4) For applying section 610 22 — (a) if the native title issues decision is that the proposed mining claim may be granted—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim; and (b) if the native title issues decision is that the proposed mining claim may be granted subject to conditions to be included in the mining claim—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim subject to the conditions; and (c) if the native title issues decision is that the proposed mining claim may be granted subject to contract conditions—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim; and 19 Section 590 (Parties to consultation and negotiation) 20 Section 604 (Combined hearing) 21 Sections 605 (Fixing of date for combined hearing), 609 (Overruling of native title issues decision) and 612 (Deferred matters) 22 Section 610 (Effect of native title issues decision)

s 10 38 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (d) if the native title issues decision is that the proposed mining claim should not be granted—the tribunal must instruct the mining registrar not to grant the application. ‘ Division 4—Other mining claims not on alternative provision areas ˙ ‘ Application of div 4 ‘ 459.(1) This division states additional requirements that apply for the granting of a proposed mining claim over non-exclusive land under part 4, other than a surface alluvium (gold or tin) mining claim. ‘ (2) The additional requirements do not apply for non-exclusive land that is an alternative provision area unless, under section 456, the additional requirements in this division are applied instead of the additional requirements in division 3. ˙ ‘ Requirement for grant ‘ 460.(1) The additional requirements applying under part 17, division 4 23 for the granting of a proposed mining lease also apply for the granting of the proposed mining claim. ‘ (2) The requirements apply— (a) in addition to the requirements of part 4; 24 and (b) with necessary changes. ˙ ‘ Applying pt 17, div 4 for grant ‘ 461.(1) This section— (a) applies for applying the provisions of part 17, division 4; and (b) does not limit section 460(1). 23 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases on non-alternative provision areas) 24 Part 4 (Mining claims)

s 10 39 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) Section 636(3) 25 is taken to require that the mining registrar may not act under section 74 to grant the mining claim unless a negotiated agreement has been reached. ‘ (3) Sections 637(2) and (3), 641 and 644 26 do not apply. ‘ (4) For applying section 642 27 — (a) if the native title issues decision is that the proposed mining claim may be granted—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim; and (b) if the native title issues decision is that the proposed mining claim may be granted subject to conditions to be included in the mining claim—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim subject to the conditions; and (c) if the native title issues decision is that the proposed mining claim may be granted subject to contract conditions—the tribunal is not stopped from instructing the mining registrar to grant the proposed mining claim; and (d) if the native title issues decision is that the proposed mining claim should not be granted—the tribunal must instruct the mining registrar not to grant the application. ‘ Division 5—Renewals of mining claims ˙ ‘ Application of div 5 ‘ 462.(1) This division states additional requirements that apply for the renewal of a mining claim over non-exclusive land under part 4. ‘ (2) In subsection (1)— 25 Section 636 (Combined hearing) 26 Sections 637 (Fixing of date for combined hearing), 641 (Overruling of native title issues decision) and 644 (Deferred matters) 27 Section 642 (Effect of native title issues decision)

s 10 40 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 “renewal” , of a mining claim, includes— (a) the re-grant of the mining claim; and (b) the re-making of the mining claim; and (c) the extension of the term of the mining claim. ˙ ‘ Requirements for renewal ‘ 463.(1) If the mining claim is a surface alluvium (gold or tin) mining claim, division 2 applies, with necessary changes, to the renewal of the mining claim as if the renewal were the granting of the mining claim. ‘ (2) If the mining claim is not a surface alluvium (gold or tin) mining claim, divisions 3 and 4 apply, with necessary changes, to the renewal of the mining claim as if the renewal were the granting of the mining claim. ‘ Division 6—Requirements for subsidiary approvals ˙ ‘ Requirements for approval—adding minerals to mining claim ‘ 464.(1) This division applies to an application, under section 105, 28 for approval to add stated minerals to a mining claim over non-exclusive land. ‘ (2) Divisions 3 and 4 apply, with necessary changes, to the application as if the approval were the granting of a mining claim. 28 Section 105 (Mining other minerals)

s 10 41 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ PART 15—NATIVE TITLE PROVISIONS FOR EXPLORATION PERMITS ‘ Division 1—Preliminary ˙ ‘ Purpose of pt 15 ‘ 465.(1) The purpose of this part is— (a) to state additional requirements that apply for— (i) the granting of a proposed exploration permit, or the variation or renewal of an exploration permit, under part 5 if the permit is a low impact exploration permit over non-exclusive land; and (ii) the exercise of the entitlement, under a low impact exploration permit, to enter non-exclusive land; and (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26A 29 of the Commonwealth Native Title Act. ‘ (2) The purpose of this part is also— (a) to state additional requirements that apply for the granting of a proposed exploration permit, or the variation or renewal of an exploration permit, under part 5 if the permit is a high impact exploration permit over— (i) an alternative provision area; or (ii) non-exclusive land other than land that includes all or part of an alternative provision area; and 29 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

s 10 42 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) in stating the additional requirements, to provide alternative provisions under sections 43 and 43A of the Commonwealth Native Title Act. 30 ˙ ‘ Exclusion of certain agreed exploration permits from pt 15 ‘ 466. This part does not apply to an exploration permit— (a) if— (i) there is an indigenous land use agreement for an area registered on the register of indigenous land use agreements; and (ii) the agreement provides that an exploration permit, that must include conditions stated or described in the agreement, may be granted over land included in the area other than in compliance with the right to negotiate provisions; and (iii) the agreement also provides that this part does not apply to land included in the area; and (iv) the exploration permit includes the conditions mentioned in subparagraph (ii); and (v) the exploration permit is granted over land included in the area; or (b) if the exploration permit— (i) was the subject of negotiation under the right to negotiate provisions; and (ii) the negotiation resulted in an agreement that included an entitlement for the applicant for the exploration permit to apply for and be granted the exploration permit without further consultation, or negotiation. 30 Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act.

s 10 43 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Limitation of application of pt 15 to exploration permit in approved opal or gem mining area ‘ 467. This part applies to a proposed exploration permit in an approved opal or gem mining area only if under section 26C(1A) of the Commonwealth Native Title Act the grant of the permit is not an act excluded from the application of the right to negotiate provisions. ˙ ‘ Meaning of “low impact exploration permit” ‘ 468. For this part, a “low impact exploration permit” is an exploration permit that— (a) is granted over land that is, or that includes, non-exclusive land; and (b) has a condition that only low impact activities may be carried out under the permit. ˙ ‘ Meaning of “low impact activity” ‘ 469. For this part, a “low impact activity” , for an exploration permit, means the following activities— (a) aerial surveys; Examples — geological, geophysical, photogrammetric and topographic aerial surveys. (b) geological and surveying field work that does not involve clearing; Examples — • flagging of sites and sample locations • geological reconnaissance and field mapping • surveying that does not involve clearing. (c) sampling by hand methods; Examples — • grab sampling • mine tailings and mine mullock sampling

s 10 44 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 • panning and sieving • rock chip sampling • stream sediment sampling (disturbed and undisturbed samples) • soil sampling (disturbed and undisturbed samples) • water sampling. (d) ground-based geophysical surveys that do not involve clearing; Examples — • potential-field methods of surveying, including, for example, gravity, magnetic and radiometric surveys • electrical methods of surveying, including, for example, electromagnetic, ground penetrating radar, induced polarisation and resistivity surveys • seismic methods of surveying, including, for example, ‘hammer’, refraction and vibration-sourced surveys. (e) drilling and activities associated with drilling that does not involve clearing or site excavation, other than clearing or site excavation that is the minimum necessary to establish a drill pad; Examples — • auger drilling • downhole geophysical logging • mechanical drilling. (f) environmental field work that does not involve clearing. Examples — • cultural heritage, environmental and geobotanical surveys • environmental monitoring. ˙ ‘ Meaning of “high impact exploration permit” ‘ 470. For this part, a “high impact exploration permit” is an exploration permit that— (a) is granted over land that is, or includes, non-exclusive land; and

s 10 45 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) has a condition that activities may be carried out under the permit, whether or not the activities are low impact activities. ‘ Division 2—Low impact exploration permits ‘ Subdivision 1—Preliminary ˙ ‘ Application of div 2 ‘ 471. This division states additional requirements for the granting of a proposed low impact exploration permit over non-exclusive land. ˙ ‘ Definitions for div 2 ‘ 472. In this division— “applicant” means the applicant for the proposed low impact exploration permit. “application notice” see section 473(1). “consultation period” see section 476(1). “consultation start day” , for an exploration permit, see section 476(1)(a). ‘ Subdivision 2—Notification requirements ˙ ‘ Requirement to notify ‘ 473.(1) The applicant must give written notice ( “application notice” ) of the applicant’s intention to lodge an application for a low impact exploration permit, or of the lodgement of the application, to— (a) each native title notification party for the land to which the application relates; and (b) the mining registrar.

s 10 46 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) The notice must be given no earlier than 1 month before the lodgement and no later than 7 days after the lodgement. ‘ (3) The notice must state the following— (a) whether or not the application has been lodged; (b) a description of the land; (c) details of the activities proposed for the land under a program of work; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must not act under the permit applied for to enter non-exclusive land unless the applicant has complied with all the applicant’s obligations for consultation with the native title notification parties provided for in subdivision 3. ‘ (4) The notice may also state a day for consultation to start under subdivision 3. ‘ (5) The day must be at least 1 month after the giving of the notice to all of the native title notification parties. ‘ Subdivision 3—Consultation requirements before entry ˙ ‘ Requirement to consult ‘ 474.(1) It is a condition of a low impact exploration permit that the permit holder must not act under the permit to enter non-exclusive land unless the holder has consulted with each native title notification party for the land to which the permit relates. ‘ (2) However, the condition does not require consultation with a native title notification party about an entry if the party has given the permit holder a written notice that the party does not wish to be consulted about the proposed activities stated in the application notice.

s 10 47 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ ‘ Consultation matters ‘ 475.(1) The purpose of the consultation is to minimise the impact of the entry or activities authorised under the low impact exploration permit on the exercise of native title rights and interests in relation to the land that will be affected by the entry or activities. ‘ (2) In particular, the consultation must be about the matters mentioned in section 26A(7) 31 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (ii) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the entry; (c) the way in which any other thing that is authorised because of, results from, or otherwise relates to, the entry and affects native title rights and interests, is to be done. ˙ ‘ Consultation period ‘ 476.(1) The “consultation period” for the entry— (a) starts on the day (the “consultation start day” )— (i) stated for that purpose in the application notice for the permit; or (ii) if the day was not stated in the application notice, stated in a written notice given to each of the native title notification parties by the permit holder; and (b) ends 2 months after the start day. 31 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

s 10 48 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) A notice under subsection (1)(a)(ii) must be given at least 1 month before the start day. ‘ (3) The holder and the native title notification parties may agree to extend the consultation period. ‘ (4) If at any time the holder and the native title notification parties agree there has been enough consultation, the consultation period is taken to be ended. ˙ ‘ Native title notification parties may seek mediation ‘ 477.(1) In the consultation period, the native title notification parties may ask the mining registrar to hold a conference for mediation about the application. ‘ (2) Sections 169 to 174 apply to the conference as if the request were a request by an owner of land affected by the application. ‘ (3) Despite section 170(3), 32 a native title notification party or the permit holder may be represented at the conference by a lawyer. ‘ (4) Subject to any order made under section 174, a party to the conference must pay the party’s own costs for the conference. ˙ ‘ Notice of result of consultation ‘ 478.(1) The permit holder must, and any native title notification party may, as soon as practicable after the consultation period ends, give a written notice to the mining registrar about the consultation. ‘ (2) The notice must state— (a) details of the consultation undertaken in the consultation period; and (b) any outcome of the consultation; and (c) the day the permit holder entered the land to which the native title rights and interests relate or, if the holder has not entered the land, the day the holder proposes to enter. 32 Section 170 (Who may attend conference)

s 10 49 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (3) A party who gives a notice to the mining registrar under this section must also give a copy of the notice to each other party. ‘ (4) In this section— “party” means— (a) a permit holder; or (b) a native title notification party. ˙ ‘ Mining registrar may recommend action ‘ 479. The mining registrar may recommend action to the Minister to address any matter raised by a native title notification party in the consultation. ‘ Division 3—High impact exploration permits on alternative provision areas ‘ Subdivision 1—Preliminary ˙ ‘ Application of div 3 ‘ 480.(1) This division states additional requirements that apply for the granting of a proposed high impact exploration permit over non-exclusive land. ‘ (2) The additional requirements apply to the extent the non-exclusive land includes all or part of an alternative provision area, unless an election is made under subsection (3). ‘ (3) The applicant may elect that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. ˙ ‘ Definitions for div 3 ‘ 481. In this division—

s 10 137 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (a) the amount of profits to be made under the proposed mining lease; (b) the amount of any income to be derived under the proposed mining lease; (c) anything to be produced under the proposed mining lease. ˙ ‘ Overruling of native title issues decision ‘ 641.(1) The Minister may overrule the native title issues decision only if— (a) it is in the interests of Queensland or in the national interest to overrule the native title issues decision; and (b) the Minister overrules the decision within 2 months after the native titles issues decision is made. ‘ (2) If the Minister overrules the native title issues decision, the Minister must make a substituted decision, and the substituted decision has effect as the native title issues decision. ‘ (3) The Minister must give a copy of the substituted decision to the tribunal and the consultation and negotiation parties. ˙ ‘ Effect of native title issues decision ‘ 642.(1) If the native title issues decision is that the proposed mining lease may be granted, the tribunal is not stopped from recommending under section 269 that the application for the proposed mining lease should be granted. ‘ (2) If the native title issues decision is that the proposed mining lease may be granted, but subject to conditions to be included in the mining lease— (a) the tribunal is not stopped from recommending under section 269 that the application for the proposed mining lease should be granted, if the recommendation includes a recommendation that the proposed mining lease be granted subject to the conditions; and

s 10 138 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) the Minister is not stopped from recommending to the Governor in Council under section 271 83 that the proposed mining lease be granted, if the recommendation includes a recommendation that the proposed mining lease be granted subject to the conditions. (3) If the native title issues decision is that the proposed mining lease may be granted subject to contract conditions, the tribunal is not stopped from recommending under section 269 that the application for the proposed mining lease should be granted. ‘ (4) If the native title issues decision 84 is that the proposed mining lease should not be granted— (a) the tribunal must not recommend under section 269 that the application for the proposed mining lease should be granted; and (b) the Minister must not recommend to the Governor in Council under section 271 that the proposed mining lease be granted. ‘ (5) If the grant is made, a contract condition has effect, in addition to any effect that it may have other than under this subsection, as if it were included in the terms of a contract among the consultation and negotiation parties. ‘ (6) If a consultation and negotiation party is a registered native title claimant, any individual included in the native title claim group concerned is a party to the contract. ˙ ‘ Tribunal’s native title issues decision ‘ 643.(1) In making its native title issues decision, the tribunal must take into account the following— (a) the effect of the proposed mining lease on— (i) the enjoyment by the registered native title parties of their registered native title rights and interests; and 83 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 84 The native title issues decision could be the decision of the tribunal, or it could be the substituted decision of the Minister after an overruling of the tribunal’s decision.

s 10 139 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (ii) the way of life, culture and traditions of any of the registered native title parties; and (iii) the development of social, cultural and economic structures of any of the registered native title parties; and (iv) the freedom of access by any of the registered native title parties to the non-exclusive land; and (v) the freedom of any of the registered native title parties to carry out rites, ceremonies or other activities of cultural significance on the non-exclusive land in accordance with their traditions; and (vi) any area or site on the non-exclusive land of particular significance to the registered native title parties in accordance with their traditions; (b) the interests, proposals, opinions or wishes of the registered native title parties in relation to the management, use or control of land in relation to which there are registered native title rights and interests of the registered native title parties that will be affected by the proposed mining lease; (c) the economic or other significance of the proposed mining lease to Australia, Queensland, the area in which the non-exclusive land is located and Aboriginal peoples and Torres Strait Islanders who live in the area; (d) any public interest in the granting of the proposed mining lease; (e) any other matter the tribunal considers relevant. ‘ (2) In deciding the effect of the proposed mining on the matters mentioned in subsection (1)(a), the tribunal must also take into account the nature and extent of— (a) existing non-native title rights and interests in relation to the non- exclusive land; and (b) existing use of the land or waters by persons other than registered native title parties.

s 10 140 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (3) In complying with subsections (1) and (2) the tribunal must take into account all objections lodged under this division to the granting of the proposed mining lease, and any other documents lodged or filed under this division. ‘ (4) Taking into account the effect of the proposed mining lease on an area or site mentioned in subsection (1)(a)(v) does not affect the operation of any law of the State for the preservation or protection of those areas or sites. ‘ (5) Before making the native title issues decision— (a) the tribunal must find out whether there are any issues relevant to its decision on which the consultation and negotiation parties agree; and (b) if there are agreed issues under paragraph (a), and all the consultation and negotiation parties consent—the tribunal, in making its native title issues decision— (i) must take the agreed issues into account; and (ii) need not take into account the matters mentioned in subsection (1)(a) to (e) to the extent the matters relate to the agreed issues. ˙ ‘ Deferred matters ‘ 644.(1) As well as making the native title issues decision, the tribunal may make a decision about matters (the “deferred matters” ) that— (a) were the subject of negotiation in the consultation and negotiation period for the proposed mining lease; and (b) under an agreement that includes all the consultation and negotiation parties, are to be the subject of further negotiation, or are to be decided in a way stated in the decision under this section; and (c) are not reasonably capable of being decided when the native title issues decision is made; and (d) are not directly relevant to the native title issues decision.

s 10 141 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) The tribunal must give a copy of its decision under this section to— (a) the consultation and negotiation parties; and (b) if the State in not a consultation and negotiation party—the mining registrar. ‘ (3) The tribunal’s decision under this section about the deferred matters is binding on all the consultation and negotiation parties. ‘ (4) If the decision under this section is that the deferred matters are to be decided by arbitration, and, after the decision is made, the consultation and negotiation parties can not agree on the way the arbitration is to take place, the tribunal, on the application of a consultation and negotiation party, has jurisdiction to decide the deferred matters. ˙ ‘ General time requirement for making native title issues decision ‘ 645.(1) The tribunal must take all reasonable steps to make sure that the native title issues decision is made within 6 months after the proposed mining lease is referred to the tribunal for the decision. ‘ (2) If the native title issues decision is not made within the 6 months, the tribunal must, as soon as practicable after the 6 months ends, give a written notice to the Minister— (a) advising why the native title issues decision has not yet been made; and (b) giving an estimate of when the decision is likely to be made. ‘ Subdivision 6—Special provisions about completion of combined hearing and making of native titles issues decision ˙ ‘ Giving of urgency notice ‘ 646.(1) This section applies if the tribunal’s native titles issues decision has not been made, and a negotiated agreement has not been reached, 4 months after the proposed mining lease was referred to the tribunal for a native title issues decision, other than under a referral that was later withdrawn.

s 10 142 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) The Minister may give the tribunal a written notice (an “urgency notice” ) asking the tribunal to complete its combined hearing and make its native title issues decision within the period stated in the written notice. ‘ (3) The period stated under subsection (2) must be a period ending after the end of the period of 6 months after the proposed mining lease was referred to the tribunal for a native title issues decision, other than under a referral that was later withdrawn. ˙ ‘ Minister’s decision if tribunal recommendation delayed ‘ 647.(1) This section applies if— (a) the Minister has given the tribunal an urgency notice under section 646 in relation to the proposed mining lease; and (b) the period stated in the urgency notice for the tribunal to complete its combined hearing and make its native title issues decision has ended; and (c) the tribunal has not made its native title issues decision; and (d) the consultation required under this subdivision (including under this section) for the making of a decision by the Minister has happened. ‘ (2) The Minister may make a decision (the “Minister’s decision” ) under this section about the native title issues decision. ‘ (3) The Minister may make a decision under this section that has the effect of a native title issues decision that the proposed mining lease may be granted, with or without conditions and whether or not contract conditions, only if the Minister has first consulted with the Commonwealth Minister about the making of the decision. ‘ (4) The Minister may make a decision under this section only if— (a) the tribunal’s completion of the combined hearing, and the making of the native title issues decision, are unlikely to happen within a period that is reasonable, taking into account all the circumstances; and (b) it is in the interests of Queensland to make the decision at the time it is made.

s 10 143 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (5) Subsection (4)(a) and (b) does not stop the Minister from taking into account other matters in deciding whether to make a decision under this section. ˙ ‘ Consultation before Minister’s decision ‘ 648.(1) Before making the Minister’s decision, the Minister must give a written notice under subsections (2) and (3). ‘ (2) The Minister must give written notice to the tribunal requiring it, by the end of the day stated in the notice, to give the Minister and each consultation and negotiation party a summary of the material presented to the tribunal in the course of the tribunal considering what the native title issues decision should be. ‘ (3) The Minister must give a written notice to each consultation and negotiation party stating the following— (a) that the Minister is considering making the decision; (b) that each consultation and negotiation party— (i) may, by the end of the day stated in the written notice, give the Minister any submission or other material that the consultation and negotiation party wants the Minister to take into account in deciding whether to make the decision and, if so, its terms; and (ii) if the consultation and negotiation party gives the Minister a submission or other material, must also give each of the other consultation and negotiation parties a copy of the submission or other material; and (iii) may, within 7 days after the day stated in the written notice, in response to any submission or other material given by any other consultation and negotiation party or the tribunal, give the Minister any further submission or other material that the consultation and negotiation party wants the Minister to take into account. ‘ (4) The day stated in the written notices given under subsections (2) and (3) must be—

s 10 144 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (a) the same day in all of the written notices given under the subsections; and (b) a day by which, in the Minister’s opinion, it is reasonable to assume that all of the written notices given will have been received by, or will otherwise have come to the attention of, the persons who must be notified under this section. ‘ (5) If the Minister complies with subsection (1), there is no requirement for any person to be given any further hearing before the Minister makes the decision. ‘ (6) In making the decision, the Minister— (a) must take into account— (i) any submission or material provided by a consultation and negotiation party under subsection (3), but only if the consultation and negotiation party has complied with the Minister’s written notice in the way mentioned in subsection (3)(b)(ii); and (ii) any report provided by the tribunal; and (iii) the Minister’s consultation with the Commonwealth Minister under this subdivision; and (iv) any issues about which the consultation and negotiation parties have agreed in writing and advised to the Minister; and (b) may, but need not, take into account any other matter or thing. ‘ (7) The fact that no submission or other material of the kind mentioned in subsection (3) has been given to the Minister before the end of the day stated in the written notices does not stop the Minister from making the decision. ˙ ‘ Minister’s decisions generally ‘ 649.(1) The Minister’s decision is a native title issues decision. ‘ (2) The Minister’s decision must, as for a native title issues decision for section 640, be 1 of the following—

s 10 145 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (a) that the proposed mining lease may be granted; (b) that the proposed mining lease may be granted, but subject to either or both of the following— (i) that conditions, described or identified in the Minister’s decision, are to be included in the mining lease; (ii) contract conditions; (c) that the proposed mining lease should not be granted. ‘ (3) The Minister’s decision may include a condition, whether or not a contract condition, that an amount is to be held in trust for compensation until it is dealt with under part 18. ‘ (4) However, if the Minister’s decision includes a condition under subsection (3)— (a) the tribunal must decide the amount; and (b) the amount, when paid, must be held in trust in a way prescribed under a regulation until it is dealt with under part 18. ‘ (5) The Minister does not have a duty to make a Minister’s decision, despite the following— (a) the giving of any notice by the Minister; (b) the giving of any submission or other material to the Minister; (c) any request by a consultation and negotiation party for the Minister to make the decision; (d) any other circumstance. ‘ (6) The Minister’s decision must be made by the Minister personally. ‘ (7) The Minister must table in the Legislative Assembly a report containing the Minister’s decision, and the reasons for the decision, within 15 sitting days after making the decision.

s 10 146 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ Division 5—Renewals of mining leases ˙ ‘ Application of div 5 ‘ 650.(1) This division states additional requirements that apply for the renewal of a mining lease over non-exclusive land under part 7. ‘ (2) In subsection (1)— “renewal” , of a mining lease, includes— (a) the re-grant of the mining lease; and (b) the re-making of the mining lease; and (c) the extension of the term of the mining lease. ˙ ‘ Requirements for renewal ‘ 651.(1) If the mining lease is a surface alluvium (gold or tin) mining lease, division 2 applies, with necessary changes, to the renewal of the mining lease as if the renewal were the granting of the mining lease. ‘ (2) If the mining lease is not a surface alluvium (gold or tin) mining lease, divisions 3 and 4 apply, with necessary changes, to the renewal of the mining lease as if the renewal were the granting of the mining lease. ‘ Division 6—Requirements for subsidiary approvals ˙ ‘ Requirements for approval—variations and additions ‘ 652.(1) This division applies to the granting to the holder of a mining lease over non-exclusive land of a variation or addition to the rights to mine given by the mining lease. ‘ (2) Divisions 3 and 4 apply, with necessary changes, to the variation or addition of the mining lease as if the variation or addition were the granting of the mining lease.

s 10 147 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ PART 18—COMPENSATION PROVISIONS ˙ ‘ Native title holders compensation ‘ 653.(1) Native title holders are entitled to recover, from the holder of a mining tenure granted after the commencement of this section, compensation for the effect of the mining tenure, or the activities carried out under the mining tenure, on native title rights and interests. ‘ (2) If agreement can not be reached about the payment of compensation under subsection (1), any dispute about the payment of, or amount of, compensation is to be decided by the tribunal. ‘ (3) If a registered native title body corporate is entitled to compensation under subsection (1) in relation to the grant of a mining claim or mining lease, the mining claim or mining lease must not be granted unless— (a) compensation has been decided, whether by agreement or by a decision of the tribunal, between the applicant and the registered native title body corporate; and (b) the conditions of the agreement or decision have been or are being complied with by the applicant. ‘ (4) If a registered native title body corporate is entitled to compensation under subsection (1) in relation to a prospecting permit, exploration permit or mineral development licence, the registered native title body corporate may recover the compensation from time to time after the grant of the permit or licence for the effect of activities carried out under the permit or licence. ‘ (5) If a native title holder other than a registered native title body corporate is entitled to compensation under subsection (1), it is not necessary for compensation to be decided, whether by agreement or by decision of the tribunal, before the mining tenure is granted or before activities are carried out under the tenure. ‘ (6) Despite subsection (5), the tribunal must require an amount to be held in trust for compensation in relation to the grant of a mining claim or mining lease until an approved determination of native title is made.

s 10 148 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (7) Also, the tribunal may require an amount to be held in trust for compensation in relation to the grant of a prospecting permit, exploration permit or mineral development licence until an approved determination of native title is made. ‘ (8) If the tribunal requires an amount to be held in trust for compensation in relation to the grant of any mining tenure, the mining tenure must not be granted until the amount of compensation required to be held in trust is paid into trust. ‘ (9) If the tribunal must decide compensation under subsection (2) or requires compensation to be paid under subsection (6) or (7), compensation under subsection (1) is not payable to a native title holder unless the native title holder becomes a registered native title body corporate. ‘ (10) If a decision of the tribunal, whether a native title issues decision or a decision under this section, requires an amount to be held in trust for compensation until it is dealt with under this part— (a) the tribunal must decide the amount; and (b) the amount when paid must be held in trust, in the way prescribed under a regulation, until it is dealt with under this part. ‘ (11) If a person claiming to be entitled to compensation under subsection (1) asks that the whole or part of the compensation should be in the form of non-monetary compensation, the applicant or the tribunal must consider the request. ‘ (12) If the tribunal decides that compensation may be in the form of non-monetary compensation, but the non-monetary compensation is not provided in the way required under the decision, the person claiming to be entitled to the compensation may ask the tribunal to decide instead that the whole or part of the compensation must consist of the payment of money. ˙ ‘ Compensation found to be payable after negotiated agreement concluded ‘ 654.(1) This section applies if— (a) there is a negotiated agreement about a proposed mining tenure; and

s 10 149 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) the agreement includes provision for the payment of compensation; and (c) there is an approved determination of native title to the effect that native title exists in relation to the non-exclusive land; and (d) the native title holder was not a party to the negotiated agreement; and (e) the negotiated agreement does not provide that any compensation payable under the negotiated agreement must be paid to the native title holder after an approved determination of native title; and (f) the tribunal decides that the native title holder is entitled to recover, from the holder of the mining tenure, compensation under this part. ‘ (2) The State must pay the compensation decided by the tribunal. ‘ (3) In this section— “negotiated agreement” means— (a) a consultation agreement under part 14; or (b) an agreement about an exploration permit under section 495 or 496; or (c) an agreement about a mineral development licence under section 542 or 543; or (d) a consultation agreement under part 17, division 2; or (e) a negotiated agreement under part 17, division 3; or (f) a negotiated agreement under part 17, division 4; or (g) an agreement about payment of compensation mentioned in section 653. ˙ ‘ Dealing with amount held in trust for compensation—determination of no native title ‘ 655.(1) This section applies if— (a) an amount is held in trust for compensation; and

s 10 150 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (b) either of the following happens— (i) the application for the proposed mining tenure is rejected under part 7; (ii) the proposed mining tenure is granted under part 7, but an approved determination of native title is made to the effect that native title did not exist in relation to the non-exclusive land immediately before the mining tenure was granted. ‘ (2) The trustee must— (a) repay the amount to the person who paid the amount; or (b) if the person no longer exists, apply to the tribunal for a direction about the payment of the amount. ˙ ‘ Dealing with amount held in trust for compensation—determination of native title ‘ 656.(1) This section applies if— (a) an amount is held in trust for compensation; and (b) the proposed mining tenure is granted; and (c) an approved determination of native title is made to the effect that the parties for whom the amount is held in trust are, disregarding any holding of native title in trust under the Commonwealth Native Title Act, native title holders for the non-exclusive land; and (d) the registered native title body corporate advises the trustee that it wishes to accept the amount held in trust for compensation instead of any compensation to which the native title holders may be entitled under this part; and (e) the person who paid the amount to the trustee advises the trustee that the person agrees to the registered native title body corporate accepting the amount held in trust for compensation instead of any compensation to which the native title holders may be entitled under this part.

s 10 151 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ‘ (2) The trustee must pay the amount to the registered native title body corporate, and there is no other entitlement to compensation under this part. ˙ ‘ Dealing with amount held in trust for compensation–other determination about compensation ‘ 657.(1) This section applies if— (a) an amount is held in trust for compensation; and (b) an approved determination of native title is made and either of the following applies— (i) the registered native title body corporate does not advise the trustee that it wishes to accept the amount held in trust for compensation instead of any compensation to which the native title holders may be entitled under this part; (ii) the person who paid the amount to the trustee advises the trustee that the person does not agree to the registered native title body corporate accepting the amount held in trust for compensation instead of any compensation to which the native title holders may be entitled under this part. ‘ (2) The tribunal must decide the compensation payable under this part. ‘ (3) If the decision under subsection (2) is that compensation is payable to the registered native title body corporate— (a) if the amount held in trust is the same as the compensation decided by the tribunal—the trustee must pay the amount held in trust to the registered native title body corporate; and (b) if the amount held in trust is less that the compensation decided by the tribunal—the trustee must pay the amount held in trust to the registered native title body corporate, and the State must pay the difference in the 2 amounts to the registered native title body corporate; and (c) if the amount held in trust is more than the compensation decided by the tribunal—the trustee must—

s 10 152 s 10 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 (i) from the amount held in trust, pay the registered native title body corporate an amount equal to the compensation decided by the tribunal; and (ii) pay the remainder of the amount to the person who paid the amount, or if the person no longer exists, apply to the tribunal for a direction about the payment of the remainder of the amount. ‘ (4) If the decision under subsection (2) is that non-monetary compensation is to be provided to the registered native title body corporate, the trustee must apply to the tribunal for a direction about the payment of the amount held in trust. ‘ (5) If the decision under subsection (2) is that no compensation is payable to the registered native title body corporate, the trustee must— (a) repay the amount to the person who paid the amount; or (b) if the person no longer exists, apply to the tribunal for a direction about the payment of the amount. ˙ ‘ Dealing with amount held in trust for compensation–no applicable provision ‘ 658.(1) This section applies if— (a) an amount is held in trust for compensation; and (b) no other provision of this part provides for, or is reasonably likely to provide for, the disposal of the amount by the trustee; and (c) the tribunal decides, on an application by a person, that it would be just and equitable in all the circumstances to pay the whole or a part of the amount held in trust to the person who applied to the tribunal or to another person. ‘ (2) The trustee must pay the amount held in trust in the way directed by the tribunal.’.

s 11 153 s 15 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ Replacement of pt 12 hdg 11. Part 12, heading— omit, insert — ‘ PART 19—TRANSITIONAL PROVISIONS ’. ˙ Renumbering of ss 419 and 420 12. Sections 419 and 420— renumber as sections 659 and 660. PART 4—AMENDMENT OF NATIVE TITLE (QUEENSLAND) ACT 1993 ˙ Act amended in pt 4 13. This part amends the Native Title (Queensland) Act 1993 . ˙ Amendment of s 3 (Objects of Act) 14. Section 3(2)(c)— omit. ˙ Amendment of s 18 (Confirmation of access to beaches etc. (NTA, s 197(2) and (3)) 15. Section 18— insert— ‘(da)stock routes;’.

s 16 154 s 16 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 ˙ Replacement of s 146 (Section headings and attachment—Commonwealth Native Title Act) 16. Section 146— omit, insert— ˙ ‘ Section headings—Commonwealth Native Title Act ‘ 146. A reference in a section heading to a provision of the Commonwealth Native Title Act does not form part of this Act. ˙ ‘ Rights to mine covering both alternative provision areas and other areas ‘ 146A.(1) This section applies if— (a) a particular future act is the creation or variation of a right to mine in non-exclusive land that includes land in an alternative provision area and land that is not in an alternative provision area; and (b) alternative provisions applying for the land in the alternative provision area would, if this section had not been passed, have effect in relation to the act. ‘ (2) For the alternative provisions, the future act is taken to consist of the following separate acts— (a) one act consisting of the creation or variation of the right to mine, but only in the alternative provision area; (b) another act consisting of the creation or variation of the right to mine, but only in the land not in the alternative provision area. ‘ (3) The act mentioned in subsection (2)(b) is taken to be done only when the right concerned is first exercised in the land not in the alternative provision area. ‘ (4) In this section— “alternative provisions” means laws of Queensland that, under a determination in force under section 43 or 43A of the Commonwealth Native Title Act, have effect instead of the right to negotiate provisions.

s 16 155 s 16 Native Title (Queensland) State Provisions Amendment (No. 2) No. 38, 1998 “non-exclusive land” means land over which native title has not been extinguished. “right to negotiate provisions” means part 2, division 3, subdivision P of the Commonwealth Native Title Act.’. © State of Queensland 1998