{"id":"F2001B00233","name":"Native Title (Approved Exploration etc. Acts - New South Wales) (Petroleum) Determination 2000","slug":"native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30964,"registerId":"commonwealth-F2001B00233-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) (Petroleum) Determination 2000","content":"![](image.001.png)\n\nNative Title (Approved Exploration etc. Acts — New South Wales) (Petroleum) 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 clause 5, 6 or 9 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 5 and 9 in Part 2) notice of the application for the grant of the licence or for the variation of conditions 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 variation.\n\n2. In clause 7, 8 or 9 in Part 2 of this Schedule, a reference to a low-impact special prospecting authority is a reference to a low-impact special prospecting authority:\n\n(a) that is subject to the condition that the holder of the authority 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 authority 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 7 and 9 in Part 2) notice of the application for the grant of the authority or for the variation of the conditions of an exploration licence to convert it to the authority, 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 authority not less than 4 months before the grant or variation.\n\n3. In this Part:\n\n> access arrangement means an access arrangement under Part 4A of the Petroleum (Onshore) Act 19912 of New South Wales that is:\n\n(a) agreed between the holder of the licence or authority 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 or authority is entitled to a right of access to the land concerned.\n\n4. The following expressions used in this Part have the same meaning as in the Petroleum (Onshore) Act 1991 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\n5. The grant of a petroleum title under section 9 of the Petroleum (Onshore) Act 1991 of New South Wales that is an exploration licence to which Division 2 of Part 3 of that Act applies and that is a low-impact exploration licence under, and in accordance with, Division 6 of Part 3 of that Act.\n\n6. The renewal of a petroleum title under section 19 of the Petroleum (Onshore) Act 1991 of New South Wales that is an exploration licence to which Division 2 of Part 3 of that Act applies and that is a low-impact exploration licence under, and in accordance with, Division 6 of Part 3 of that Act.\n\n7. The grant of a petroleum title under section 9 of the Petroleum (Onshore) Act 1991 of New South Wales that is a special prospecting authority to which Division 4 of Part 3 of that Act applies and that is a low-impact special prospecting authority under, and in accordance with, Division 6 of Part 3 of that Act.\n\n8. The renewal of a petroleum title under section 19 of the Petroleum (Onshore) Act 1991 of New South Wales that is a special prospecting authority to which Division 4 of Part 3 of that Act applies and that is a low-impact special prospecting authority under, and in accordance with, Division 6 of Part 3 of that Act.\n\n9. The variation of conditions under clause 15 in Part 3 of Schedule 1 to the Petroleum (Onshore) Act 1991 of New South Wales to convert an exploration licence under Division 2 of Part 3 of that Act that was in force immediately before the commencement of Division 6 of Part 3 of that Act to a low-impact prospecting title (being either a low-impact exploration licence or a low-impact special prospecting authority) under, and in accordance with, Division 6 of Part 3 of that Act.\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_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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Determination is narrowly focused: it formally approves a limited class of *low‑impact* onshore petroleum exploration and special prospecting acts in New South Wales, subject to access‑arrangement conditions drawn from the NSW Petroleum (Onshore) Act 1991 (Schedule 1, Part 2). It does not expand to cover production, development or higher‑impact petroleum titles, nor does it broaden the kinds of parties affected beyond registered native title bodies/claimants and representative bodies. There is no indication in the text that the Determination materially changed scope beyond that specific, stated purpose."},"complexity_factors":["Short primary instrument but extensive cross‑references to the Petroleum (Onshore) Act 1991 (NSW) and the Native Title Act 1993 (s 26A)","Several defined terms imported from NSW Act (prospecting operations, registered native title body corporate, registered native title claimant, representative Aboriginal/Torres Strait Islander body) (Schedule 1, Part 1, cl 4)","Nested conditional definitions for ‘low‑impact’ licences and authorities with three cumulative conditions (Schedule 1, Part 1, cls 1–2)","Multiple class entries (grants, renewals, and condition‑variations) in Part 2 (clauses 5–9) creating different procedural triggers","Dependence on state processes (Part 4A access arrangements and arbitration) increases practical complexity despite short text","Specific timing requirement (4 months’ prior notice) adds a temporal condition (Part 1, cls 1(c) and 2(c))"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Determination (made under subsection 26A(1) of the Native Title Act 1993) declares that a specific class of petroleum exploration and prospecting acts in New South Wales are \"approved exploration etc. acts\" (see opening paragraph and Schedule 1 Part 2).\n\n- The acts covered are narrowly defined grants, renewals and certain condition-variations of onshore petroleum exploration licences and special prospecting authorities that qualify as *low‑impact* under the relevant provisions of the Petroleum (Onshore) Act 1991 (NSW) (see Schedule 1, Part 2, clauses 5–9).\n\n- A licence or authority is treated as \"low‑impact\" for the Determination only if it is subject to a condition that prospecting operations on land where there are registered native title bodies corporate or registered native title claimants may occur only in accordance with an access arrangement (Schedule 1, Part 1, clauses 1–2). The Determination also requires that the native title parties have the same rights (including procedural rights) about making and enforcing that access arrangement as if they were fee‑simple owners (clause 1(b) and 2(b)).\n\n- For some of the listed acts, the Determination requires that a representative Aboriginal/Torres Strait Islander body was given notice of the application at least four months before grant or variation (clauses 1(c) and 2(c); see the relevant items in Part 2).\n\n- The Determination imports definitions and processes from the NSW Petroleum (Onshore) Act 1991: in particular, it relies on that Act’s Division 6 (which defines low‑impact titles) and Part 4A (which defines and governs access arrangements and how they are agreed or arbitrated) (Schedule 1, Part 1, clauses 3–4; Part 2 references to Division 2, Division 4 and Division 6 of the NSW Act).\n\n\n**Who it affects**\n\n- Holders and applicants for onshore petroleum *exploration licences* and *special prospecting authorities* in NSW (where the licence/authority is low‑impact as defined in the NSW Act) (Schedule 1, Part 2, clauses 5–8).\n\n- Registered native title bodies corporate and registered native title claimants whose native title interests overlap the land covered by those licences or authorities (Schedule 1, Part 1, clauses 1–2 and clause 3 definition of access arrangement).\n\n- Representative Aboriginal/Torres Strait Islander bodies for relevant areas, because they must be served with notice in particular cases (clauses 1(c), 2(c)).\n\n\n**Why it matters (stated purpose, then practical effects and trade‑offs)**\n\nStated purpose (as reflected in the text): to identify particular low‑impact petroleum exploration and prospecting acts in NSW as \"approved\" under the Native Title Act framework, subject to specified conditions tied to access arrangements (Schedule 1, Part 2; Part 1 conditions).\n\nPractical effects, incentives and costs:\n- Conditioning access on an access arrangement gives registered native title parties comparable procedural and enforcement rights to fee‑simple owners with respect to access for prospecting operations (Part 1, clauses 1(b) and 2(b)). This increases the formal bargaining position of native title parties in respect of those activities.\n- Licence/authority holders must negotiate (or submit to arbitration) access arrangements under NSW law (Part 1, clause 3: access arrangement under Part 4A of the Petroleum (Onshore) Act 1991). That imposes transaction and compliance costs on applicants and holders (time, negotiation, possible arbitration costs).\n- The requirement to serve a representative body with four months’ prior notice (clauses 1(c), 2(c)) introduces a minimum lead time before grant or conversion, which may delay projects and affect the timing of exploration programmes.\n- Because the Determination applies only to “low‑impact” titles (Schedule 1, Part 2, repeatedly referencing Division 6 of the NSW Act), it does not cover larger‑scale production or development petroleum titles. The economic effect is therefore concentrated on early‑stage exploration: firms may alter where or how they conduct low‑impact exploration, avoid areas where access arrangements look costly, or accept additional conditions for access.\n- Decision‑making is split: the NSW petroleum regulator continues to grant, renew or vary titles under the Petroleum (Onshore) Act 1991, but the content and enforceability of access arrangements (and arbitration if parties cannot agree) determine whether the licence/authority meets the Determination’s conditions (Part 1, clause 3; Part 2 entries referencing the NSW Act). Thus outcomes depend on state law processes and any arbitrator decisions.\n\nRisk and implementation considerations:\n- The Determination is operationally dependent on the NSW Petroleum (Onshore) Act machinery (Division 6, Part 4A and other cross‑references). Any ambiguity or delay in those state processes (for example, arbitration timetables or scope of remedy) affects how readily an applicant can secure an approved low‑impact title.\n- The Determination creates concentrated negotiating leverage for native title bodies/claimants over a defined, commercially relevant activity (low‑impact exploration). That can produce transactionally efficient outcomes (agreement) or increased negotiation friction and delays if parties disagree.\n- The Determination limits the Crown’s unilateral ability to authorise prospecting on native title land without an access arrangement: prospecting operations in covered licences/authorities are not permitted except in accordance with an access arrangement (clauses 1(a), 2(a)).\n\n\n**Concrete mechanics to note (section pointers)**\n- The instrument itself: opening determination (acting under s 26A(1) Native Title Act 1993).\n- Definitions and conditions for \"low‑impact\" licences/authorities: Schedule 1, Part 1, clauses 1–3.\n- Reliance on NSW statutes and terms: Schedule 1, Part 1, clause 4; Part 2 references to Divisions 2, 4 and 6 of the Petroleum (Onshore) Act 1991 (clauses 5–9).\n- Covered acts: grants, renewals and certain condition variations to convert existing licences to low‑impact titles (Schedule 1, Part 2, clauses 5–9).\n\n\n**Who pays and who decides**\n- Holders/applicants pay the compliance and negotiation/arbitration costs and face possible operational constraints (clauses 1–3; Part 2).\n- Registered native title bodies/claimants and representative Aboriginal/Torres Strait Islander bodies exercise procedural rights and can influence access arrangements; an independent arbitrator can decide access arrangements if parties do not agree (clause 3).\n- The NSW petroleum regulator retains statutory powers to grant/renew/alter petroleum titles, subject to the conditions that make those acts \"approved\" under this Determination (Part 2, clauses 5–9)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The determination appears tightly scoped to its original purpose. It specifically targets low-impact petroleum exploration titles under the NSW Petroleum (Onshore) Act 1991, with strict conditions (access arrangements, equal procedural rights, notice periods). There is no evidence of scope creep; the instrument does exactly what its title suggests — approves specific classes of petroleum exploration acts for NSW with appropriate safeguards."},"complexity_factors":["Heavy cross-referencing to the Petroleum (Onshore) Act 1991 (NSW) — clauses 5-9 each reference multiple divisions and sections of that Act","Nested conditional definitions: 'low-impact exploration licence' and 'low-impact special prospecting authority' each contain three sub-conditions (a), (b), and (c) that must all be satisfied","4 defined terms borrowed by reference from another Act (prospecting operations, registered native title body corporate, registered native title claimant, representative Aboriginal/Torres Strait Islander body)","1 locally defined term ('access arrangement') with its own nested structure referencing Part 4A of the NSW Act","Conditional logic in clause 1(c) and 2(c) where the 4-month notice requirement only applies to specific acts mentioned in clauses 5, 7 and 9, but not clause 6 or 8","Technical statutory machinery: operates under subsection 26A(1) of the Native Title Act 1993, requiring understanding of the 'approved exploration etc. act' framework"],"plain_english_summary":"This is a legal determination made by the Attorney-General in 2000 that allows certain petroleum exploration activities in New South Wales to proceed without needing separate native title approvals under federal law.\n\n**What it does:**\nThe determination identifies specific types of low-impact petroleum exploration activities as \"approved exploration acts\" under the Native Title Act 1993. This means these activities can go ahead without the usual requirement to negotiate or consult with native title holders under the \"future acts\" regime (the system that normally requires developers to notify and negotiate with Indigenous groups before doing things that affect their native title rights).\n\n**Who it affects:**\n- **Petroleum companies** seeking exploration licences or special prospecting authorities in NSW for low-impact activities\n- **Native title holders** (registered native title bodies corporate and registered native title claimants) in areas where petroleum exploration occurs\n- **Representative Aboriginal/Torres Strait Islander bodies** who must receive 4 months' notice before certain licences are granted\n\n**Key protections included:**\nDespite bypassing the usual native title process, the determination requires:\n- **Access arrangements**: Companies must negotiate agreements with native title groups about how they access land, or have an arbitrator decide if access is fair\n- **Equal bargaining power**: Native title groups get the same procedural rights in these negotiations as if they owned the land outright (held \"fee simple\" — the strongest form of private land ownership)\n- **4-month notice period**: Representative Indigenous bodies must be notified at least 4 months before certain licence applications are decided\n\n**Why it matters:**\nThis creates a streamlined process for low-impact petroleum exploration while maintaining safeguards for native title rights. It balances resource development efficiency with Indigenous land rights by ensuring companies can't just drill without agreement or arbitration, even though they don't need to go through the full native title approval process."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000","history":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000/history","analysis":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000/analysis","conflicts":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000/conflicts","importantCases":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000/important-cases","documents":"/api/acts/native-title-approved-exploration-etc-acts-new-south-wales-petroleum-determination-2000/documents"}}