Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Exploration Permits for Alternative Provision Areas) Determination 2000

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Exploration Permits for Alternative Provision Areas) Determination 20001I was enacted to address the need for alternative provisions regarding exploration permits in Queensland, aligning with the requirements of the Native Title Act 1993. This determination was made by Daryl Robert Williams, the Attorney-General, under the authority of the Native Title Act 1993. It specifies that certain provisions of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999 comply with the Act's provisions, thereby ensuring that the alternative provisions meet the legislative standards for negotiation rights in relation to native title claims. The overarching policy objective is to facilitate the coexistence of native title rights with the interests of mineral exploration and land use in Queensland.

Scope and Application

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Exploration Permits for Alternative Provision Areas) Determination 2000, issued by the Attorney-General under the Native Title Act 1993, specifies that certain Queensland laws provide compliant alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Act. This Determination ensures that the requirements of subsections 43A(4), (6), and (7) of the Act are met concerning the exploration permits within specified areas. These provisions primarily relate to the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, with specific sections and subsections detailed in the Schedule of the Determination. Notably, some provisions of these Acts are subject to amendments by yet-to-be-commenced Acts, indicating that the applicability of these provisions may evolve with future legislative changes. The jurisdictional scope of this Determination is confined to Queensland, providing tailored legal frameworks to address native title considerations in that state.

Key Provisions

The main sections of the Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Exploration Permits for Alternative Provision Areas) Determination 2000 (the Determination) establish alternative provisions for exploration permits within Queensland, addressing the requirements set out in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (the Act). Specifically, the Determination references the Mineral Resources Act 1989 (ss 525, 527, 528, 531, 532, 534) and the Land and Resources Tribunal Act 1999 (except sections 51A, 53, and Part 6) as providing these alternative provisions ((1)(a)). It affirms that these provisions comply with subsections 43A(4) and (6) of the Act, ensuring that the alternative provisions align with the overarching objectives of the Native Title Act. The Determination imposes obligations on parties and entities governed by the Act to adhere to the specified alternative provisions. For example, entities seeking exploration permits in areas covered by the Determination must comply with the Queensland laws detailed in Schedule 1. This includes adhering to the outlined sections of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, which provide alternative provisions to those set out in the Act. The requirement is that these provisions must be followed in lieu of the specific provisions of Subdivision P of Division 3 of Part 2 of the Act. In terms of consequences, the Determination does not explicitly outline penalties for non-compliance. However, under the Native Title Act 1993, breaches of its provisions can lead to civil and criminal penalties. For example, under the Native Title Act 1993, unauthorised activities on native title land can result in fines and imprisonment. The maximum penalties can vary depending on the specific breach and the jurisdiction's laws, but they can include significant fines and imprisonment terms for serious violations. Non-compliance with the alternative provisions specified in the Determination could potentially lead to similar consequences if it is found to contravene the Native Title Act 1993.