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

Overview

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mining Leases for Alternative Provision Areas) Determination 2000 was enacted in 2000 to address a gap in the compatibility of Queensland's mining laws with the federal Native Title Act 1993. This legislative instrument, determined by Daryl Robert Williams, the Attorney-General, under section 43A(1)(b) of the Native Title Act, aims to ensure that Queensland's mining laws provide alternative provisions that align with federal requirements. The objective is to facilitate the negotiation process concerning native title claims, particularly in relation to mining leases, by confirming that specified Queensland laws meet the standards set out in the Native Title Act. This determination plays a crucial role in harmonising state and federal legislative frameworks to support the recognition and negotiation of native title rights in Queensland.

Scope and Application

The Native Title (Right to Negotiate – Alternative Provisions) (Queensland Laws about Mining Leases for Alternative Provision Areas) Determination 2000 applies to certain provisions of the Queensland Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, which are designated in the Schedule to provide alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Native Title Act 1993. This Determination confirms that these Queensland laws comply with specific subsections of the Native Title Act, thereby facilitating the right to negotiate for native title holders in relation to mining leases over their land and waters. The Determination is applicable across the entirety of Queensland and is intended to ensure that the provisions of the state laws do not conflict with the federal legislative framework established to protect native title rights. The scope of the Determination is limited to the specific sections of the Queensland Acts mentioned in the Schedule, with exclusions noted for certain sections and parts of these Acts.

Key Provisions

The Native Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Leases for Alternative Provision Areas) Determination 2000 (C2004L02300) sets out provisions that comply with the Native Title Act 1993 (the Act). Section 1(a) of the Determination states that specific Queensland laws, detailed in Schedule 1, are deemed to comply with subsections 43A(4) and (6) of the Act. Section 1(b) ensures that the requirements of subsection 43A(7) of the Act are met for the entirety of the land or waters to which the alternative provisions apply. This determination was made by DARYL ROBERT WILLIAMS, the Attorney-General, under paragraph 43A(1)(b) of the Act. The Queensland laws identified in Schedule 1, specifically the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, provide alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Act. These provisions relate to mining leases and the right to negotiate, ensuring compliance with the Act’s requirements for such activities. By detailing specific parts, divisions, subsections, and sections, the Determination outlines the precise Queensland laws that offer alternative provisions to those in the Act. The Determination imposes obligations on the relevant parties to adhere to the specified Queensland laws when dealing with mining leases and the right to negotiate. This includes ensuring that the provisions of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999 are followed in areas designated as Alternative Provision Areas under the Act. These laws must be strictly observed to maintain compliance with the overarching requirements of the Native Title Act 1993. Failure to comply with the requirements of this Determination could result in legal consequences. The specific provisions of the Mineral Resources Act 1989 and the Land and Resources Tribunal Act 1999, which are detailed in the Schedule, carry their own respective penalties and enforcement mechanisms. These could include fines, administrative penalties, or other legal actions for non-compliance with the Act’s requirements. The precise penalties would depend on the specific breach and the relevant Queensland legislation.