{"id":"F2001B00226","name":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 2000","slug":"f2001b00226","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":338300,"registerId":"commonwealth-F2001B00226-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 2000","content":"![](image.001.png)\n\nNative Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mineral Development Licences) Determination 20001\n\nI, DARYL ROBERT WILLIAMS, Attorney-General, acting under paragraph 43 (1) (b) of the Native Title Act 1993 (the Act), determine that the provisions of the laws of Queensland mentioned in Schedule 1, providing for alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Act, comply with subsection 43 (2) of the Act.\n\nDated 31 May 2000\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Laws providing alternative provisions to Subdivision P of Division 3 of Part 2  \nof the Act\n\n## Mineral Resources Act 1989 2\n\nParts 6 and 12; Divisions 1 and 4 of Part 16; subsections 582 (5), (6), (7), (8) and (9) and 584 (3) and sections 586 and 587 in Division 5 of Part 16; section 588 (except subparagraph (2) (b) (i)), subsections 589 (2) and (3), section 590 and subsections 591 (1), (2), (5) and (6) and 592 (3) and (4) in Division 6 of Part 16; Division 4 of Part 17; Part 18 (except subsection 707 (6) and sections 711, 714, 715 and 716); and section 725 (except subparagraphs (1) (a) (ii) and (1) (d) (ii)) and subsections 727 (2) and 731 (1), (2), (7) and (8) in Part 19.\n\n## Land and Resources Tribunal Act 1999 3\n\nSections 3, 4, 6, 7, 8, 14, 15, 16, 17, 18, 19 and 28, subsections 39 (1) and (2), sections 40, 41, 42, 44, 45, 51 and 55, Division 5 of Part 4 and Schedules 1 and 4.\n\n## Supreme Court of Queensland Act 1991\n\nSection 12.\n\n> Notes\n\n> Note: 1. This Determination commences on gazettal: see Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214.\n\n> Note: 2. Provisions of the Mineral Resources Act 1989 mentioned in this Determination include provisions that are amended or inserted by as yet 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.\n\n> Note: 3. Provisions of the Land and Resources Tribunal Act 1999 mentioned in this Determination include provisions that are amended by as yet uncommenced provisions of the Native Title (Queensland) State Provisions Amendment Act 1999.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by section 43 of the Native Title Act 1993—approving state alternative provisions. It does not expand beyond this specific purpose. The scope remains tightly focused on Mineral Development Licences under Queensland law and the right to negotiate process."},"complexity_factors":["Heavy cross-referencing to multiple Queensland statutes (Mineral Resources Act 1989, Land and Resources Tribunal Act 1999, Supreme Court of Queensland Act 1991) without reproducing their content","Precise but fragmented legislative references (e.g., 'subsections 582 (5), (6), (7), (8) and (9)' and multiple 'except' clauses)","Reliance on understanding of 'Subdivision P of Division 3 of Part 2' of the Native Title Act 1993 (the federal right to negotiate provisions)","Incorporation of uncommenced amendments noted in the legislative notes, creating temporal complexity","Conditional logic in the form of exclusion clauses ('except subparagraph (2)(b)(i)', 'except subsection 707(6)', etc.)"],"plain_english_summary":"This Attorney‑General determination approves Queensland’s alternative to the Native Title Act’s “right to negotiate” for Mineral Development Licences, substituting Queensland’s Mineral Resources Act, Land and Resources Tribunal procedures and a Supreme Court appeal route for the federal process. It affects native title holders, mining applicants and state tribunals by shifting negotiation and dispute resolution from federal to Queensland law."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Determination substitutes Queensland law procedures for the Commonwealth right‑to‑negotiate regime in Subdivision P for mineral development licences by approving the specific state provisions listed in Schedule 1 (see paragraph 43(1)(b) of the Native Title Act 1993). It therefore changes the operative procedural scope for those licences in Queensland, while noting some listed provisions rely on as‑yet uncommenced state amendments and the Determination commences on gazettal."},"complexity_factors":["Determination relies on a single Commonwealth power (para 43(1)(b) of the Native Title Act 1993) to approve alternative state provisions, creating multi‑jurisdictional interaction.","Schedule 1 lists numerous specific Parts, Divisions, sections and subsections of the Mineral Resources Act 1989, requiring detailed cross‑checking to see exactly which federal rules are displaced.","Several provisions are only partly adopted or expressly excluded (for example, section 588 except subparagraph (2)(b)(i); section 725 except subparagraphs (1)(a)(ii) and (1)(d)(ii)), producing a patchwork regime.","The Determination incorporates provisions of the Land and Resources Tribunal Act 1999 and the Supreme Court of Queensland Act 1991, adding procedural and judicial layers.","Notes state some listed provisions depend on uncommenced amendments to Queensland Acts, introducing sequencing and implementation uncertainty.","Commencement is tied to gazettal (Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214), which affects timing and transitional arrangements.","Discretion and compliance burdens shift to state decision‑makers and to proponents and native title parties required to follow the alternative procedures, raising potential for litigation over interpretation."],"plain_english_summary":"The Attorney‑General, under paragraph 43(1)(b) of the Native Title Act 1993, certifies that specified Queensland laws (listed in Schedule 1) can stand in place of the Commonwealth right‑to‑negotiate rules in Subdivision P for mineral development licences. Companies seeking mineral development licences and native title parties in Queensland must follow the listed state procedures (Mineral Resources Act 1989; Land and Resources Tribunal Act 1999; Supreme Court of Queensland Act 1991), shifting procedural obligations and decision‑making to those state laws."}},"importantCases":[],"_links":{"self":"/api/acts/f2001b00226","history":"/api/acts/f2001b00226/history","analysis":"/api/acts/f2001b00226/analysis","conflicts":"/api/acts/f2001b00226/conflicts","importantCases":"/api/acts/f2001b00226/important-cases","documents":"/api/acts/f2001b00226/documents"}}