Native Title (Approved Exploration etc Acts - New South Wales) (Mining) Determination 2000

Overview

The Native Title (Approved Exploration etc. Acts — New South Wales) (Mining) Determination 20001I was enacted by Daryl Robert Williams, the Attorney-General of Australia, under the authority of subsection 26A(1) of the Native Title Act 1993. This legislative instrument was introduced to address the need for a streamlined process to ensure that certain mining activities, specifically exploration and related operations, could proceed in a manner that is consistent with the recognition of native title rights and interests in land. This was a response to the policy objective of balancing the rights of native title holders with the need for economic activities such as mining to occur, particularly through the provision of low-impact exploration licences that are subject to specific conditions and agreements. The enactment of this Determination by the Attorney-General under the provisions of the Native Title Act 1993, aims to facilitate the approval of certain acts related to mining exploration in New South Wales, ensuring that they are conducted in a way that respects and accommodates the rights of native title holders.

Scope and Application

The Native Title (Approved Exploration etc. Acts — New South Wales) (Mining) Determination 2000 applies to specific acts related to the grant, renewal, and amendment of low-impact exploration licences under the Mining Act 1992 of New South Wales, ensuring that these acts are compliant with native title rights and access arrangements. This Determination applies to any person or entity seeking to engage in low-impact exploration activities on land where there are registered native title bodies corporate or claimants. It mandates that any exploration activities conducted under such licences must comply with the conditions of an access arrangement that grants the same rights to native title holders as if they held an estate in fee simple. This Determination extends its application to the Commonwealth jurisdiction and is specifically tailored to address native title considerations in the context of mining exploration activities in New South Wales. It does not apply to other forms of exploration or mining activities not classified as low-impact exploration under the Mining Act 1992.

Key Provisions

The Native Title (Approved Exploration etc. Acts — New South Wales) (Mining) Determination 20001I, dated 17 October 2000, made under the authority of subsection 26A(1) of the Native Title Act 1993, identifies specific acts related to mining exploration as approved acts. These acts include the grant of a low-impact exploration licence under section 22 of the Mining Act 1992 (clause 4), the renewal of such a licence under section 114 of the same Act (clause 5), and the amendment of an existing exploration licence to convert it into a low-impact exploration licence under clause 62 in Part 4 of Schedule 6 of the Mining Act 1992 (clause 6). These acts must meet certain conditions to be approved. The primary obligations imposed by this Determination concern the terms and conditions of low-impact exploration licences. Specifically, these licences must be subject to conditions that prohibit the holder from carrying out prospecting operations on any land where there are registered native title bodies corporate or registered native title claimants, unless an access arrangement is in place. This arrangement must be agreed upon between the licence holder and the native title bodies or claimants, or determined by an arbitrator, and must ensure that the native title bodies or claimants have the same rights as if they held a fee simple estate in the land. Additionally, any application for the grant or amendment of such a licence must be accompanied by notice served on any relevant representative Aboriginal/Torres Strait Islander body at least four months before the grant or amendment. In terms of consequences for breaches, the Determination itself does not specify any offences, penalties, or consequences for non-compliance with its provisions. However, the underlying legislation, the Mining Act 1992, and the Native Title Act 1993, may provide for civil or criminal penalties for non-compliance with the conditions of exploration licences or for other breaches related to native title and mining activities. These penalties could include fines or imprisonment, depending on the specific circumstances and the severity of the breach. The exact penalties would be determined in accordance with the relevant sections of the Mining Act 1992 and the Native Title Act 1993. The Determination comes into effect upon gazettal, in accordance with the Acts Interpretation Act 1901 and the Native Title Act 1993, ensuring that the approved acts and their associated conditions are legally binding from that date. This legislative instrument aims to balance the interests of mining exploration with the rights and interests of native title holders, ensuring that exploration activities are conducted in a manner that respects and accommodates native title rights.