Native Title (Approved Opal or Gem Mining Area - Lightning Ridge (Area 2), New South Wales) Determination 2000

Overview

The Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 2), New South Wales) Determination 20001I was enacted in 2000 by Daryl Robert Williams, the Attorney-General, under the authority of subsection 26C(2) of the Native Title Act 1993. This legislative instrument addresses the need to clarify and facilitate opal and gem mining activities within specific areas of New South Wales, ensuring that such activities can proceed without conflicting with native title rights. The primary objective of this determination, as articulated within the text, is to designate Area 2, covering approximately 25 square kilometres within the Lightning Ridge region, as an approved opal or gem mining area. This is to ensure that mining operations can be conducted in accordance with the provisions of the Native Title Act, thereby balancing the interests of traditional landowners with those of miners.

Scope and Application

The Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 2), New South Wales) Determination 2000 applies to the specific area of land and waters in New South Wales referred to as Area 2, which is designated as an approved opal or gem mining area under section 26C of the Native Title Act 1993. The area is approximately 25 square kilometres and is defined by a boundary that follows the Cretaceous Ridge Line and the New South Wales and Queensland border. This determination was made by the Attorney-General, Daryl Robert Williams, exercising powers under the Native Title Act 1993. The Determination applies to any entities or persons engaging in opal or gem mining activities within the specified area. The legislation sets the geographic scope to the designated Area 2 in New South Wales and does not extend beyond it unless explicitly stated in subordinate instruments. There are no stated exclusions, exemptions, or thresholds within this Determination itself, but further regulations or conditions may be specified through additional legislative instruments.

Key Provisions

The main operative sections of the Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 2), New South Wales) Determination 20001I ((F2001B00218)) are found in the determination itself, where it specifies that Area 2, located in New South Wales, is recognised as an approved opal or gem mining area under section 26C of the Native Title Act 1993 ((section 1)). This determination was made by Daryl Robert Williams, the Attorney-General, acting under subsection 26C(2) of the Act. The Schedule to the Determination provides the precise geographical coordinates and boundaries of Area 2, which is approximately 25 square kilometres and is bounded by the Cretaceous Ridge Line and the New South Wales and Queensland border. Under this Determination, the obligations and requirements imposed on parties or entities primarily involve ensuring that any opal or gem mining activities within Area 2 comply with the regulations outlined in the Native Title Act 1993. This includes obtaining any necessary approvals or permits and adhering to specific guidelines that may be stipulated by the Act or other relevant authorities. Mining activities must be conducted in a manner that respects the rights of native title holders, if any, and in compliance with environmental and safety regulations. Failure to comply with the provisions of this Determination or the Native Title Act 1993 may result in various legal consequences. Offences under this legislation can include unauthorised mining activities, non-compliance with approved mining plans, or failure to obtain necessary permits. The Act does not explicitly state maximum penalties for breaches of this Determination, but penalties for similar offences under the Native Title Act 1993 can include substantial fines and, in severe cases, imprisonment. Civil and criminal consequences may also apply, depending on the nature and severity of the breach. The Determination itself states that it commences on gazettal, meaning that it comes into effect as of the date it is published in the Commonwealth of Australia Gazette. This is in accordance with the Acts Interpretation Act 1901 and the Native Title Act 1993, which outline the legal procedures for bringing legislative instruments into force. The map detailing Area 2, maintained by the Department of Mineral Resources, Titles Branch, serves as a reference for the geographical boundaries specified in the Determination.