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

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mining Leases) Determination 2001, enacted in 2001, was introduced to address the need for alternative provisions in Queensland law that would be compliant with the Native Title Act 1993. This legislative instrument was created by the Attorney-General, Daryl Robert Williams, under the authority of the Native Title Act 1993, specifically paragraph 43(1)(b). The policy objective was to ensure that certain Queensland laws, particularly those concerning mining leases, provided alternative provisions that aligned with the requirements of the Native Title Act 1993. The enactment aimed to streamline the process of negotiating mining leases in areas recognised as subject to native title, thereby facilitating smoother interactions between mining interests and native title holders.

Scope and Application

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Leases) Determination 2000 applies to specified Queensland laws concerning mining leases, allowing for alternative provisions to those contained in the Native Title Act 1993. It provides a framework for the negotiation of mining leases in areas where native title is recognised. The laws of Queensland mentioned in the Schedule provide alternative provisions to Subdivision P of Division 3 of Part 2 of the Native Title Act 1993, which relates to the right to negotiate for mining leases on land where native title is recognised. This Determination applies to entities and persons involved in mining activities in Queensland, including mining companies, native title holders, and the Queensland government. The jurisdictional reach of the Determination is within the State of Queensland, and it provides for a framework that complies with the Native Title Act 1993. There are no stated exclusions, exemptions, or thresholds in this Determination, and the application of the Determination may be extended or restricted through subordinate instruments.

Key Provisions

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Leases) Determination 2000 establishes that specific Queensland laws provide alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (the Act) (section 1). These Queensland laws include parts of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, as well as certain sections of the Supreme Court of Queensland Act 1991 (Schedule 1). This determination ensures that these Queensland laws comply with the requirements of the Act. The obligations imposed by this determination primarily involve the enforcement and application of the specified Queensland laws as alternatives to the native title provisions in the Act. This means that where mining leases are concerned, the Queensland laws mentioned in the schedule will be used instead of the federal provisions (section 1). For example, the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999 will govern the processes and procedures related to mining leases in Queensland, in accordance with the determination. Breaches of the provisions in the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1999, and the Supreme Court of Queensland Act 1991 can lead to various offences, penalties, and consequences. For instance, under the Mineral Resources Act 1989, offences can include unauthorised exploration or mining, which may result in fines up to a substantial amount as well as imprisonment (section 689(5)-(9)). Similarly, the Land and Resources Tribunal Act 1999 stipulates penalties for non-compliance, including fines and other sanctions (section 55). It is important to note that the specific penalties and consequences would depend on the exact nature of the breach and the provisions of the respective acts.