Native Title (Approved Exploration Etc Acts - Queensland) (Low Impact Exploration Permits) Determination 2000

Overview

The Native Title (Approved Exploration Etc. Acts — Queensland) (Low Impact Exploration Permits) Determination 20001I was enacted to address a specific gap in the legislative framework concerning low impact exploration activities in Queensland. This legislative instrument, made under subsection 26A(1) of the Native Title Act 1993 by Daryl Robert Williams, the Attorney-General, aims to facilitate the approval process for low impact exploration activities by designating certain acts as approved exploration acts. This determination was made to streamline the interaction between native title rights and exploration activities, ensuring that low impact exploration permits granted, renewed, or varied under the Mineral Resources Act 1989 of Queensland are recognised as approved acts under the native title legislation. The policy objective is to provide a clear legal framework that balances the rights of native title holders with the need for efficient exploration activities.

Scope and Application

The Native Title (Approved Exploration Etc. Acts — Queensland) (Low Impact Exploration Permits) Determination 2000, issued by the Attorney-General under the authority of the Native Title Act 1993, specifically addresses the conduct related to low impact exploration permits within Queensland. This legislative instrument applies to acts involving the grant, renewal, and variation of low impact exploration permits under Part 5 of the Mineral Resources Act 1989 of Queensland, as outlined in the accompanying schedule. The determination identifies certain acts as approved exploration acts, thereby streamlining processes under the Native Title Act 1993 for these specified activities. This jurisdictional reach is confined to Queensland and pertains to activities that are explicitly defined as low impact within the Mineral Resources Act 1989. The determination does not extend to activities beyond those described in the schedule and is subject to the specific criteria and conditions outlined in the relevant acts. Subordinate instruments may further clarify or extend the application of this determination, ensuring that it operates within the defined parameters.

Key Provisions

The main operative sections of the Native Title (Approved Exploration Etc. Acts — Queensland) (Low Impact Exploration Permits) Determination 20001I (the Determination) are found in the body of the text, which provides that the acts listed in Schedule 1 are approved exploration acts. Specifically, section 2 of the Determination identifies the low impact exploration activities covered by the approved acts, which include the grant, renewal, and variation of low impact exploration permits under the Mineral Resources Act 1989 of Queensland. The acts covered by this Determination are those that align with the provisions of Divisions 2, 5, and 6 of Part 15 of the Mineral Resources Act 1989 of Queensland, as per the definitions provided in Schedule 1. The obligations and requirements imposed by this Determination on the parties or entities it governs are primarily focused on ensuring that low impact exploration activities are conducted in accordance with the provisions of the Mineral Resources Act 1989 of Queensland. This includes ensuring that the exploration permits are applied for, renewed, and varied in line with the requirements of Divisions 2, 5, and 6 of Part 15 of that Act. The acts listed in Schedule 1 must be carried out in a manner that is consistent with the provisions of the Native Title Act 1993, ensuring that any potential native title claims are recognised and protected. The Determination does not explicitly state any offences, penalties, or civil/criminal consequences for breach of its provisions. However, it is important to note that any breach of the Native Title Act 1993 or the Mineral Resources Act 1989 of Queensland may result in civil or criminal liability, as well as financial penalties and other consequences as provided for in those Acts. It is essential that parties or entities governed by this Determination ensure that their activities are conducted in a manner that complies with both the Native Title Act 1993 and the Mineral Resources Act 1989 of Queensland, to avoid any potential legal or financial repercussions.