Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 2000

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 2001 was enacted to address the need for alternative provisions for mineral development licences in Queensland that comply with the requirements of the Native Title Act 1993. This legislative instrument was issued by Daryl Robert Williams, the Attorney-General of Australia, under the authority of the Native Title Act 1993. The objective of the Determination is to ensure that Queensland's laws provide suitable alternatives to the provisions outlined in Subdivision P of Division 3 of Part 2 of the Native Title Act, thereby facilitating the negotiation process between native title holders and proponents of mineral development projects. This Determination provides a framework for the coexistence of native title rights and the interests of mineral developers within the state.

Scope and Application

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 2000, issued under the authority of the Attorney-General, confirms that specified Queensland laws comply with the requirements of the Native Title Act 1993. This determination specifically addresses provisions related to mineral development licences in Queensland, ensuring that these laws provide alternative arrangements to those stipulated in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993. The laws of Queensland mentioned in Schedule 1 to the determination include detailed sections and subsections from the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1999, and the Supreme Court of Queensland Act 1991. This legislative instrument applies to all entities and individuals involved in mineral development in Queensland, ensuring that their activities are aligned with native title rights recognised under federal law. The geographic scope of this determination is limited to the state of Queensland, making it a state-specific application of national native title legislation.

Key Provisions

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 20001I, made under the authority of the Native Title Act 1993 (the Act), confirms that certain Queensland laws provide alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Act, specifically relating to mineral development licences. The determination specifies that the provisions of the Mineral Resources Act 1989 (ss 2, 6, 12, 16, 17, 18, 19, 28, ss 39(1), (2), 40, 41, 42, 44, 45, 51, 55, Division 5 of Part 4, Schedules 1 and 4) and the Land and Resources Tribunal Act 1999 (ss 3, 4, 6, 7, 8, 14, 15, 16, 17, 18, 19, 28, ss 39(1), (2), 40, 41, 42, 44, 45, 51, 55, Division 5 of Part 4, Schedules 1 and 4) comply with the Act, thereby allowing these laws to be applied instead of the provisions of the Act in certain circumstances. This determination is significant as it provides clarity on the applicability of Queensland laws to the negotiation of rights related to mineral development licences. The obligations imposed by this determination on parties or entities governed by these laws include compliance with the specified provisions of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999. These provisions govern the negotiation process, the rights of native title holders, and the procedures for issuing mineral development licences. The entities involved must ensure that their actions are in accordance with these laws, which include provisions for the negotiation process, the rights of native title holders, and the procedures for issuing mineral development licences. They must also ensure that any amendments or insertions by the uncommenced provisions of the Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998, the Land and Resources Tribunal Act 1999, and the Native Title (Queensland) State Provisions Amendment Act 1999 are properly integrated into their operations. Breach of the provisions outlined in this determination can lead to significant legal consequences. The specific offences, penalties, or civil/criminal consequences depend on the exact nature and severity of the breach. The penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach and the specific laws being contravened. For example, under the Mineral Resources Act 1989, penalties can include fines of up to $1,200,000 for corporations and $240,000 for individuals, along with potential imprisonment terms. The Supreme Court of Queensland Act 1991 also outlines penalties for contempt of court, which can include fines and imprisonment. These consequences underscore the importance of adhering to the provisions set out in this determination to avoid legal repercussions.