Native Title (Approved Opal or Gem Mining Area - Lightning Ridge (Area 1), New South Wales) Determination 2000

Overview

The Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 1), New South Wales) Determination 2001 was enacted to address the need for specific areas to be approved for opal or gem mining under the Native Title Act 1993. This legislation was introduced by Daryl Robert Williams, the Attorney-General at the time, acting under subsection 26C(2) of the Native Title Act 1993. The policy objective of this determination was to ensure that mining activities could proceed without conflicting with native title rights, thereby facilitating economic activities while respecting the rights of native title holders. The determination specifies an area in New South Wales, encompassing approximately 1720 square kilometres, to be officially recognised as an approved opal or gem mining area, ensuring that mining operations can be conducted within these boundaries in accordance with the provisions of the Native Title Act.

Scope and Application

The Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 1), New South Wales) Determination 20001I applies to the specific area of land and waters in New South Wales, as designated in Schedule 1 and referred to as Area 1. This determination is made under subsection 26C(2) of the Native Title Act 1993, recognising Area 1 as an approved opal or gem mining area. The designated area, approximately 1720 square kilometres, is specified by a boundary line beginning at the New South Wales and Queensland border, and proceeding along the Cretaceous Ridge Line with various directional changes, as detailed in the Schedule. Notably, this area excludes the Narran Archaeological and Mythological Site. The Determination is in effect from the date of its gazettal, as per the Acts Interpretation Act 1901 and the Native Title Act 1993. The application of this legislation is geographically confined to the specified area in New South Wales and does not extend beyond the boundaries outlined in the Schedule.

Key Provisions

The primary sections of the Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 1), New South Wales) Determination 20001I (the Determination) under subsection 26C(2) of the Native Title Act 1993 (the Act) designate Area 1 as an approved opal or gem mining area. The area, specified in Schedule 1 and described in detail, encompasses approximately 1720 square kilometres within New South Wales. The boundary of Area 1 is meticulously defined by reference to Australian Map Grid (AMG) points, commencing at the New South Wales and Queensland border and concluding at the same border point. This boundary is further detailed by its progression along the Cretaceous Ridge Line and specific exclusions, such as the Narran Archaeological and Mythological Site. The Schedule includes a map depicting the area, which is maintained by the Department of Mineral Resources, Titles Branch, in St. Leonards, NSW. The Act imposes several obligations and requirements on the parties and entities governed by the Determination. Firstly, it mandates that all opal or gem mining activities within Area 1 must comply with the provisions of the Native Title Act 1993. This includes ensuring that the mining operations do not infringe upon the native title rights and interests of Aboriginal and Torres Strait Islander peoples. Secondly, the Determination requires that any mining activities be conducted in accordance with the approval process outlined in section 26C of the Act. This includes the need for the relevant authorities to be notified and consulted as per the statutory requirements. Thirdly, the mining operators must adhere to any specific conditions or restrictions that may be imposed by the Act or by any relevant agreements or determinations. Breaching the provisions of the Determination can result in both civil and criminal consequences. Under the Act, a person who contravenes any of the requirements may face penalties. Specifically, under section 244 of the Native Title Act 1993, a person can be subject to a civil penalty of up to $2,100,000. This penalty reflects the seriousness of non-compliance with the Act's provisions. Additionally, in more severe cases, a person can be prosecuted under section 246 of the Act, which provides for criminal penalties. This includes fines of up to $660,000 and/or imprisonment for up to 5 years for individuals, and fines of up to $3,300,000 for bodies corporate. These penalties underscore the importance of adhering to the legislative requirements to avoid severe legal repercussions.