Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mining Claims) Determination 2000

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mining Claims) Determination 2001 was enacted in 2001 to address the complexities surrounding the right to negotiate under the Native Title Act 1993 in the context of mining claims within Queensland. The Attorney-General, Daryl Robert Williams, made this determination under the authority granted by the Native Title Act 1993, specifically section 43(2), to ensure that Queensland's mining laws provided adequate alternative provisions that complied with the federal legislation. The overarching policy objective of this determination is to facilitate a more streamlined and legally compliant process for negotiating mining rights on native title land, thereby balancing the interests of native title holders and mining proponents within the legal framework.

Scope and Application

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mining Claims) Determination 2000 applies to provisions of certain Queensland laws that provide alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993. This legislation operates within the state of Queensland and is enacted by the Attorney-General, Daryl Robert Williams, under the authority of the Native Title Act 1993. The provisions of the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1991, and the Supreme Court of Queensland Act 1991 that are referenced in Schedule 1 are deemed to comply with subsection 43(2) of the Native Title Act 1993. This Determination ensures that the specified Queensland laws, which deal with mining claims, are in line with the requirements of the federal Native Title Act 1993, thereby facilitating a coordinated approach to native title and mining activities within the state.

Key Provisions

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Claims) Determination 20001I (the Determination) outlines specific Queensland laws that provide alternative provisions to those in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (the Act). This includes provisions in the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1999, and the Supreme Court of Queensland Act 1991. The Determination identifies which sections of these Acts are deemed to comply with the requirements of the Act. These sections, outlined in Schedule 1, are considered to provide suitable alternative arrangements for the negotiation of native title rights in relation to mining claims in Queensland. The Determination imposes certain obligations on parties and entities governed by these Acts. For instance, the provisions of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999 must be applied in a manner that respects and accommodates the rights of native title holders, ensuring that their interests are considered in the negotiation and granting of mining claims. The Supreme Court of Queensland Act 1991, particularly section 12, is also included, indicating that the court’s jurisdiction and powers must be exercised in a way that aligns with the principles of the Act. Breach of the obligations outlined in the Determination could lead to civil or criminal consequences, depending on the nature and severity of the infringement. Under the Native Title Act 1993, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties are not specified in the Determination itself but are governed by the broader legislative framework of the Act, which allows for significant penalties to be imposed on those found in breach of its provisions. The overarching aim is to ensure that the rights of native title holders are protected and that any actions taken under the alternative provisions comply with the spirit and intent of the Act.