Native Title (Approved Gold or Tin Mining Acts - Queensland) (Surface Alluvium (Gold or Tin) Mining Leases) Determination 2000

Overview

The Native Title (Approved Gold or Tin Mining Acts — Queensland) (Surface Alluvium (Gold or Tin) Mining Leases) Determination 2000, enacted by Daryl Robert Williams, Attorney-General, under subsection 26B(1) of the Native Title Act 1993, was introduced to address the need for clarification regarding the approval of certain mining activities in Queensland. This legislative instrument aimed to provide certainty and compliance within the framework of native title recognition and mineral resource management in Queensland. The determination specifies that certain acts related to the granting, renewal, and approval of mining leases for surface alluvium gold or tin mining under the Mineral Resources Act 1989 are considered approved mining acts. The policy objective is to ensure that these activities are conducted in a manner that recognises and respects native title rights. However, this Determination was subsequently disallowed by the Senate on 30 August 2000.

Scope and Application

The Native Title (Approved Gold or Tin Mining Acts — Queensland) (Surface Alluvium (Gold or Tin) Mining Leases) Determination 2000 pertains to specific acts conducted under the Mineral Resources Act 1989 of Queensland, relating to surface alluvium gold or tin mining leases. The determination, made by Daryl Robert Williams, Attorney-General, identifies certain acts as approved gold or tin mining acts within the framework of the Native Title Act 1993. This includes the grant, renewal, and approval of mining leases that fall under specific divisions and parts of the Mineral Resources Act 1989. The geographic scope of this determination is confined to Queensland, addressing the intersection of native title rights with mining activities within the state. However, the applicability of this determination is restricted by the fact that it was disallowed by the Senate on 30 August 2000, rendering it ineffective from that date.

Key Provisions

The Native Title (Approved Gold or Tin Mining Acts — Queensland) (Surface Alluvium (Gold or Tin) Mining Leases) Determination 2000 (the Determination) specifically identifies certain acts related to gold and tin mining leases in Queensland as approved under the Native Title Act 1993 (Cth) (section 1). The approved acts include the grant of a surface alluvium (gold or tin) mining lease under Part 7 of the Mineral Resources Act 1989 (Qld), the renewal of such a lease, and the approval of a lease that will become a surface alluvium (gold or tin) mining lease (Schedule 1). This determination was made by Daryl Robert Williams, the Attorney-General at the time, acting under subsection 26B(1) of the Native Title Act 1993. Under the Determination, the acts identified are recognised as approved gold or tin mining acts, meaning that they comply with the requirements of the Native Title Act 1993. This has implications for the processes governing these mining activities in Queensland, ensuring that they align with native title considerations. The obligations placed on parties and entities include ensuring that the mining leases are granted, renewed, or approved in accordance with the provisions of the Mineral Resources Act 1989 (Qld) and that these acts are consistent with native title rights and interests. It is essential that these activities are carried out with proper consultation and consideration of native title holders. Failure to comply with the requirements set out in the Determination, or to appropriately consider native title rights and interests, could result in legal consequences. While the specific penalties are not detailed within the Determination itself, breaches of the Native Title Act 1993 could lead to civil and criminal penalties. Civil penalties could include substantial fines, and in severe cases, criminal penalties could apply, potentially resulting in imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as other relevant legislation.