{"id":"F2001B00232","name":"Native Title (Approved Exploration etc Acts - New South Wales) (Mining) Determination 2000","slug":"native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30963,"registerId":"commonwealth-F2001B00232-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Approved Exploration etc Acts - New South Wales) (Mining) Determination 2000","content":"![](image.001.png)\n\nNative Title (Approved Exploration etc. Acts — New South Wales) (Mining) Determination 20001\n\nI, DARYL ROBERT WILLIAMS, Attorney-General, acting under subsection 26A (1) of the Native Title Act 1993, determine that each act included in the class of acts mentioned in Part 2 of Schedule 1 is an approved exploration etc. act.\n\nDated 17 October 2000\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Approved exploration etc. acts\n\nPart 1 Interpretation\n\n1. In Part 2 of this Schedule, a reference to a low-impact exploration licence is a reference to a low-impact exploration licence:\n\n(a) that is subject to the condition that the holder of the licence is not authorised to carry out prospecting operations on any land in relation to which there are any registered native title bodies corporate or registered native title claimants otherwise than in accordance with an access arrangement between the holder of the licence and each registered native title body corporate or each registered native title claimant; and\n\n(b) in relation to which each registered native title body corporate, or each registered native title claimant, has the same rights (including procedural rights) regarding the making and enforcement of the access arrangement as that body corporate or claimant would have if the body corporate or claimant were the holder of an estate in fee simple in relation to the land concerned; and\n\n(c) in relation to which (in the case of the acts mentioned in clauses 4 and 6 in Part 2) notice of the application for the grant of the licence or for the amendment of an exploration licence to convert it to the licence, as the case may be, was served on any representative Aboriginal/Torres Strait Islander body for the area that includes the land covered by the licence not less than 4 months before the grant or amendment.\n\n2. In clause 1:\n\n> access arrangement means an access arrangement under Division 2 of Part 8 of the Mining Act 19922 of New South Wales that is:\n\n(a) agreed between the holder of the licence and each registered native title body corporate or each registered native title claimant; or\n\n(b) determined for those parties by an arbitrator who has the power to determine whether the holder of the licence is entitled to a right of access to the land concerned.\n\n3. The following expressions used in this Part have the same meaning as in the Mining Act 1992 of New South Wales:\n\n(a) prospecting operations;\n\n(b) registered native title body corporate;\n\n(c) registered native title claimant;\n\n(d) representative Aboriginal/Torres Strait Islander body.\n\nPart 2 Class of acts\n\n4. The grant of an exploration licence under section 22 of the Mining Act 1992 of New South Wales that is a low-impact exploration licence under, and in accordance with, Division 5 of Part 3 of that Act.\n\n5. The renewal of an exploration licence under section 114 of the Mining Act 1992 of New South Wales that is a low-impact exploration licence under, and in accordance with, Division 5 of Part 3 of that Act.\n\n6. The amendment, under clause 62 in Part 4 of Schedule 6 to the Mining Act 1992 of New South Wales, of an exploration licence (and its conditions) that was in force immediately before the commencement of Division 5 of Part 3 of that Act, to convert the licence to a low-impact exploration licence under, and in accordance with, that Division.\n\n> Notes\n\n> Note: 1. This Determination commences on gazettal: see Acts Interpretation Act 1901, section 48 and Native Title Act 1993, section 214.\n\n> Note: 2. Paragraph 10A (a) of the Acts Interpretation Act 1901 provides that a reference to the short title of a State Act is to be construed as a reference to the Act as originally enacted or made and as amended from time to time.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination specifies and confines the class of acts to be treated as approved exploration acts under s26A(1) of the Native Title Act 1993 (grants, renewals, and conversions to low‑impact exploration licences) and attaches procedural conditions (access arrangements, rights parity, 4‑month notice). It does not expand the types of mining powers in the Mining Act 1992 but designates which low‑impact exploration acts qualify as \"approved\" and on what conditions (see clauses 1–6 and operative paragraph citing s26A(1))."},"complexity_factors":["Cross‑references to state law: requires reading the Mining Act 1992 (NSW) Divisions/clauses cited (Part 3 Division 5; s22; s114; cl.62 Sch 6 Part 4) to know which licences qualify (clauses 4–6).","Conditional approval: licences qualify only if subject to specific conditions about prospecting operations and access arrangements (clause 1(a) and Part 2).","Access arrangement mechanics: approval depends on access arrangements under Division 2 of Part 8 of the Mining Act 1992 (clause 2), including possible arbitration to determine entitlement to access.","Defined rights parity: registered native title bodies/claimants are given equivalent procedural and enforcement rights as fee simple holders (clause 1(b)), requiring interpretation against property‑law concepts.","Notice timing requirement: a 4‑month minimum notice rule applies for certain conversions or grants where representative bodies must be served (clause 1(c)).","External defined terms: several key expressions are defined by reference to the Mining Act 1992 (clause 3), so meaning depends on that external statute.","Statutory basis: the Determination is made under s26A(1) of the Native Title Act 1993 (instrument header), so its legal effect must be read with that Commonwealth provision."],"plain_english_summary":"This Determination treats certain New South Wales low‑impact exploration licences as \"approved exploration\" acts under the Native Title Act. It covers grants, renewals and conversions to low‑impact status, but only when the licence holder must negotiate an access arrangement (or submit to arbitration), give notice to representative Aboriginal/Torres Strait Islander bodies, and grant registered native title bodies/claimants rights similar to a freehold owner. Mechanically, it permits those exploration acts to proceed subject to those procedural and access conditions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination appears to serve its original narrow purpose: identifying specific NSW mining licences that qualify as 'approved exploration etc. acts' under section 26A of the Native Title Act 1993. It does not expand beyond this technical classification function. The conditions attached (access arrangements, notice requirements) are integral to the original intent of balancing mining interests with native title protection, not a scope creep."},"complexity_factors":["Multiple nested definitions: 'low-impact exploration licence' is defined by reference to three separate conditions (a), (b), and (c), with condition (c) itself containing a complex temporal and procedural requirement","Cross-referencing to external legislation: Heavy reliance on the NSW Mining Act 1992 (specific sections, divisions, and schedules) without reproducing those provisions","Incorporation by reference: Four defined terms imported wholesale from the Mining Act 1992","Conditional logic: The Determination only applies if specific procedural safeguards are met (access arrangements, 4-month notice period)","Technical mining terminology: 'prospecting operations', 'estate in fee simple', 'exploration licence', 'amendment under clause 62 in Part 4 of Schedule 6'","Bifurcated structure: Definitions in Part 1 must be read together with the operative provisions in Part 2 to understand what is actually being determined"],"plain_english_summary":"**What this legislation does:**\n\nThis is a legal instrument made by the Attorney-General in 2000 that creates a special category of mining activities in New South Wales called \"approved exploration etc. acts.\" These are specific types of low-impact mineral exploration licences that receive special treatment under Australia's Native Title Act 1993.\n\n**Who it affects:**\n\n- **Mining companies** seeking to explore for minerals in NSW — specifically those applying for or holding \"low-impact exploration licences\"\n- **Native title holders and claimants** — Aboriginal and Torres Strait Islander groups who have either proven native title (registered native title bodies corporate) or have active claims (registered native title claimants)\n- **Representative Aboriginal/Torres Strait Islander bodies** — organisations that represent Indigenous interests in specific regions\n\n**Why it matters:**\n\nNormally, certain mining activities can be done without going through the full native title process. This Determination says that *low-impact exploration licences* in NSW **do** qualify as \"approved exploration etc. acts\" — but only if they meet strict conditions designed to protect native title interests:\n\n- **Access arrangements required**: Mining companies must negotiate access agreements with native title groups, or have them decided by an independent arbitrator\n- **Equal bargaining power**: Native title groups get the same procedural rights in these negotiations as if they actually owned the land outright (\"estate in fee simple\" means full ownership)\n- **Early notification**: For new licences or conversions of old licences, representative Indigenous bodies must be given at least 4 months' notice\n\nIn short, this Determination tries to balance the mining industry's need to explore for minerals with Indigenous peoples' rights to protect their country and be properly consulted."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000","history":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000/history","analysis":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000/analysis","conflicts":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000/conflicts","importantCases":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000/important-cases","documents":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-mining-determination-2000/documents"}}