{"id":"F2001B00210","name":"Determination under section 43 of the Native Title Act 1993 (Mining Act 1971 (SA)) (18/10/1995)","slug":"determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30950,"registerId":"commonwealth-F2001B00210-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination under section 43 of the Native Title Act 1993 (Mining Act 1971 (SA)) (18/10/1995)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: COMMONWEALTH OF AUSTRALIA\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\nCOMMONWEALTH OF AUSTRALIA\n\n \n\nDETERMINATION UNDER SECTION 43\n\nOF THE NATIVE TITLE ACT 1993\n\nI, GARY THOMAS JOHNS, Special Minister of State, acting under subsection 43(1) of the Native Title Act 1993, determine that the following provisions comply with subsection 43(2) of the Native Title Act 1993:\n\n \n\nSection 58 and Part 9B of the Mining Act 1971 (South Australia) as amended by the Mining (Native Title) Amendment Act 1995 (South Australia)\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nGARY THOMAS JOHNS\n\nSpecial Minister of State\n\n18 October 1995\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not amend or repeal the named provisions; it records the Minister's determination that Section 58 and Part 9B of the Mining Act 1971 (SA), as amended, comply with subsection 43(2) of the Native Title Act 1993. The determination confirms compliance but does not change the scope or content of the referred provisions."},"complexity_factors":["Instrument is very short and narrowly framed (single-paragraph determination).","Relies entirely on cross-reference to other statutes (Native Title Act 1993 and specific provisions of the Mining Act 1971 (SA)), so substantive effect requires consulting those external texts.","No procedural, financial, or operational detail is included in the instrument itself.","Legal significance depends on interpretation of subsection 43(2) and the text of the named Mining Act provisions, which are not reproduced here."],"plain_english_summary":"**What this instrument does (mechanically)**\n\nThis is a Commonwealth determination made under subsection 43(1) of the Native Title Act 1993. The Special Minister of State, Gary Thomas Johns, determined on 18 October 1995 that the following South Australian law provisions \"comply with subsection 43(2) of the Native Title Act 1993\":\n\n- Section 58 of the Mining Act 1971 (South Australia)\n- Part 9B of the Mining Act 1971 (South Australia), as amended by the Mining (Native Title) Amendment Act 1995 (South Australia)\n\nThe instrument records that those specific provisions meet the requirement set out in subsection 43(2) of the Native Title Act 1993. The determination itself does not reproduce the text of those provisions and does not amend them; it records the Minister's decision about their compliance.\n\n**Who this affects**\n\n- Anyone who is governed by or regulated under Section 58 or Part 9B of the Mining Act 1971 (SA).  \n- The State of South Australia insofar as its mining law provisions are the subject of the determination.  \n- Parties whose legal position depends on whether those provisions are treated as complying with the Native Title Act.\n\n**Why this matters (practical effect and limits of this document)**\n\n- The document formally records a Commonwealth decision that the named South Australian mining provisions meet the condition stated in subsection 43(2) of the Native Title Act 1993.  \n- The determination does not itself change the wording or obligations of the Mining Act provisions; it does not set out operational rules, costs, or enforcement measures.  \n- Any practical consequences flow from the content and operation of Section 58 and Part 9B themselves (which are not reproduced here), and from how courts and administrative agencies apply the Native Title Act in light of this compliance finding.\n\n**Who decides, who bears costs, and what the instrument leaves open**\n\n- Decision-maker: the Special Minister of State acting under subsection 43(1) (the instrument names Gary Thomas Johns).  \n- Who pays / bears costs: the instrument does not specify financial costs, compliance costs, or administrative burdens. Any costs or compliance obligations would be those created by Section 58 and Part 9B of the Mining Act themselves, not by this determination.  \n- Discretion and implementation: the determination records a legal finding of compliance; it does not specify how the State or other agencies must operate, nor does it set implementation timelines or enforcement detail.  \n\n**Trade-offs, incentives and risks (as reflected in the instrument)**\n\n- The instrument does not state intended policy benefits, redistributed costs, or administrative arrangements.  \n- Because the determination is a short, formal finding, understanding its practical incentives and burdens requires reading Section 58 and Part 9B of the Mining Act 1971 (SA) and any implementing practice or guidance.  \n\n(References in this instrument: action taken under subsection 43(1) of the Native Title Act 1993 and a compliance finding with subsection 43(2); the South Australian provisions are identified as Section 58 and Part 9B of the Mining Act 1971, as amended by the Mining (Native Title) Amendment Act 1995.)"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete administrative determination made under a specific statutory power. It has not grown beyond its original purpose; it performs exactly the function section 43 of the Native Title Act 1993 was designed for — certifying state mining laws as compliant with federal native title standards."},"complexity_factors":["Single operative paragraph with straightforward declaratory language","No defined terms section — relies entirely on external legislation (Native Title Act 1993 and Mining Act 1971 (SA))","No conditional logic, exceptions, or procedural steps","Total length: approximately 150 words of substantive content","Simple binary determination: provisions either comply or they don't — no gradations or qualifications"],"plain_english_summary":"This is a short official decision made by a federal minister in 1995. It approves specific parts of South Australian mining law, saying they meet the standards of the federal Native Title Act 1993.\n\n**What it does:**\n- The federal Native Title Act 1993 has a rule (section 43) that lets the federal government check whether state mining laws properly protect native title rights.\n- The Special Minister of State, Gary Johns, looked at two parts of South Australia's Mining Act 1971:\n  - **Section 58** — deals with how mining rights are granted\n  - **Part 9B** — special rules added in 1995 about how mining companies must negotiate with Aboriginal and Torres Strait Islander peoples who hold native title\n- The minister decided these state laws **comply with** (meet the requirements of) the federal Native Title Act.\n\n**Who it affects:**\n- Aboriginal and Torres Strait Islander peoples in South Australia who hold or claim native title over land\n- Mining companies operating in South Australia\n- The South Australian government\n\n**Why it matters:**\nWithout this federal approval, the South Australian mining laws might not have worked properly alongside native title rights. This determination ensures that when mining companies apply for licences in South Australia, the process for consulting and negotiating with native title holders meets national standards. It creates a \"safety net\" so that mining activities don't automatically override Indigenous land rights."}},"importantCases":[],"_links":{"self":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995","history":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995/history","analysis":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995/analysis","conflicts":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995/conflicts","importantCases":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995/important-cases","documents":"/api/acts/determination-under-section-43-of-the-native-title-act-1993-mining-act-1971-sa-18-10-1995/documents"}}