{"id":"F2001B00219","name":"Native Title (Approved Exploration Etc Acts - Queensland) (Low Impact Exploration Permits) Determination 2000","slug":"native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30956,"registerId":"commonwealth-F2001B00219-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 - Queensland) (Low Impact Exploration Permits) Determination 2000","content":"![](image.001.png)\n\nNative Title (Approved Exploration Etc. Acts — Queensland) (Low Impact Exploration Permits) 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 Schedule 1 is an approved exploration etc. act.\n\nDated 31 May 2000.\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Approved exploration etc. acts\n\nDo not delete : Schedule Part Placeholder\n\nThe grant of an exploration permit under Part 5 of the Mineral Resources Act 1989 of Queensland that is a low impact exploration permit to which Division 2 of Part 15 of that Act applies (including application because of Part 19).\n\nThe renewal of an exploration permit under Part 5 of the Mineral Resources Act 1989 of Queensland that is a low impact exploration permit to which Division 5 of Part 15 of that Act applies.\n\nThe variation of conditions to include non-exclusive land in, or the addition of non-exclusive land to, an exploration permit under Part 5 of the Mineral Resources Act 1989 of Queensland that is a low impact exploration permit to which Division 6 of Part 15 of that Act applies, where the variation or addition is only for low impact activities within the meaning of section 482 of that Act.\n\n> Note\n\n> Note: 1. This Determination commences on gazettal: see Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214.","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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination is narrowly focused and consistent with the statutory power in subsection 26A(1) of the Native Title Act to declare classes of approved exploration acts. It does not broaden the classes beyond the stated purpose: it confines the covered acts to low impact exploration permits, their renewals, and limited non‑exclusive land additions or variations as defined under the Queensland Mineral Resources Act 1989 (see Schedule 1 and s482). There is no material expansion of scope beyond the instrument's explicit text."},"complexity_factors":["Very short instrument (single page) with one Schedule","No internal defined terms; relies on external definitions (e.g. \"low impact\" in s482 of Queensland's Mineral Resources Act 1989)","Cross‑references to multiple provisions in the Queensland Act (Part 5 and Divisions of Part 15) and to subsection 26A(1) of the Native Title Act 1993","Simple, categorical drafting (lists three narrow classes of acts) and no nested exceptions or conditional sub‑clauses"],"plain_english_summary":"**What this instrument does**\n\n- This is a short statutory determination by the Commonwealth Attorney‑General that declares a specific class of Queensland mining acts to be \"approved exploration etc. acts\" for the purposes of the Native Title Act 1993 (see subsection 26A(1) of the Native Title Act).  The acts listed are in Schedule 1 of the Determination.\n\n- Concretely, the Determination covers three categories of acts under Queensland's Mineral Resources Act 1989 (all limited to \"low impact\" exploration as defined in that Act (see section 482) and to the relevant divisions of Part 15):\n  - the grant of a low impact exploration permit under Part 5 (where Division 2 of Part 15 applies);\n  - the renewal of such a permit (where Division 5 of Part 15 applies);\n  - variation or addition of non‑exclusive land to such a permit where the change is only for low impact activities (where Division 6 of Part 15 applies).\n\n- The Determination takes effect on gazettal (see Acts Interpretation Act 1901 and Native Title Act 1993 references in the instrument).\n\n**Who this affects**\n\n- Mining and exploration companies and other applicants for exploration permits in Queensland who seek to rely on the \"low impact\" permit pathways in the Mineral Resources Act 1989.\n- The Queensland Government and its regulators who grant, renew or vary these permits and who must classify activities as \"low impact\" under the state Act (see s482 of the Mineral Resources Act).\n- Native title claimants and holders whose rights may be affected by exploration activity on land/sea country covered by native title.\n- Landholders and other third parties with interests in the area where low impact exploration is authorised.\n\n**Why it matters (mechanics and legal effect)**\n\n- By designating these Queensland low‑impact exploration permits as \"approved exploration etc. acts\" under s26A(1) of the Native Title Act, the Determination places those permit actions into the particular native title legal framework that applies to \"approved\" acts. That framework affects the procedural steps and legal consequences that follow when an exploration permit is granted, renewed or varied in a way that intersects native title rights.\n\n- Mechanically, the Determination does not itself grant or authorise any exploration activity. Instead it changes how those Queensland permit decisions are treated under federal native title law: the classification as an \"approved\" class of act triggers the set of legal consequences in the Native Title Act that apply to approved exploration acts (for example, how future acts are registered, whether certain procedural rights apply, and how compensation and validation provisions operate). The Determination depends on the definition of \"low impact\" and the relevant divisions of Part 15 of the Queensland Act (see Schedule 1 and s482 of the Mineral Resources Act 1989).\n\n**Practical incentives, costs and trade‑offs**\n\n- Who pays: permit applicants bear the direct costs of complying with the Queensland permit regime and ensuring activities genuinely fit the \"low impact\" definition. Native title holders potentially bear costs in the form of fewer or streamlined procedural protections (depending on how the Native Title Act treats \"approved\" acts), and may have reduced opportunities to negotiate outcomes under the full future acts regime.\n\n- Who decides: the Commonwealth Attorney‑General makes the Determination (this instrument). Operationally, the Queensland regulator decides whether a particular permit is a low impact exploration permit and whether proposed activities meet the s482 definition.\n\n- Behavioural effects likely to follow: applicants have an incentive to qualify for the low impact category (because this Determination places those permits into a streamlined/defined native title category), and regulators will have to make consistent classification decisions. Native title parties will need to monitor permit classifications and compliance to protect their interests.\n\n- Trade‑offs and risks: the Determination simplifies federal treatment of a defined class of Queensland permits, which can lower transaction costs and speed up exploration for applicants. The trade‑off is that some native title procedural protections may be different for \"approved\" acts; the precise practical effect depends on how the Native Title Act operates for approved exploration acts and on the strictness of the \"low impact\" tests in Queensland law (see Schedule 1 and s482 of the Mineral Resources Act). There is an implementation risk if activities exceed what the Queensland Act defines as \"low impact\": that would change legal character and may expose permit holders or the State to dispute under the Native Title Act.\n\n**References within the instrument**\n\n- The Attorney‑General acts under subsection 26A(1) of the Native Title Act 1993 (operative power to determine classes of approved acts).\n- Schedule 1 lists the covered acts and cross‑references Part 5 and Parts/Divisions of Part 15 of the Mineral Resources Act 1989 (Queensland) and section 482 of that Act for the meaning of \"low impact\".\n\n**Net effect in plain terms**\n\n- The Determination makes clear that certain Queensland \"low impact\" exploration permit grants, renewals and limited variations are to be treated as \"approved exploration etc. acts\" under federal native title law. That classification alters the legal pathway that applies when those permits intersect native title — affecting decision‑makers, applicants and native title parties by changing the procedural and substantive legal rules that govern those acts (as set out in the Native Title Act and the referenced provisions of the Queensland Mineral Resources Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination appears consistent with its original purpose under section 26A of the Native Title Act 1993, which specifically authorises the Attorney-General to determine classes of acts as 'approved exploration etc. acts'. The instrument precisely targets low-impact exploration permits as intended by the statutory framework, without expansion into other mining activities or jurisdictions."},"complexity_factors":["Very short instrument (approximately 250 words)","Only 3 substantive paragraphs in Schedule 1","Heavy reliance on external statutory references (Mineral Resources Act 1989, Parts 5, 15, 19, Division 2, 5, 6, section 482) – requires cross-reading another Act to understand scope","No defined terms within the instrument itself – definitions imported entirely from Queensland legislation","Single operative provision (subsection 26A(1) of Native Title Act 1993) – straightforward delegation structure","No conditional logic, exceptions, or nested provisions within the determination itself"],"plain_english_summary":"This is a legal determination made by the Attorney-General in 2000 that classifies certain Queensland mining exploration activities as 'approved exploration acts' under the Native Title Act 1993.\n\n**What it does:**\n- Gives special legal status to specific types of exploration permits issued under Queensland's Mineral Resources Act 1989\n- These permits allow mining companies to explore for minerals on land that may be subject to native title claims\n\n**Who it affects:**\n- **Mining companies** seeking to explore for minerals in Queensland\n- **Native title holders or claimants** whose traditional lands may be affected by exploration activities\n- The **Queensland government** administering mining permits\n\n**The three types of permits covered:**\n1. **New low-impact exploration permits** – initial grants for exploration with minimal environmental/cultural disturbance\n2. **Renewals** of existing low-impact exploration permits\n3. **Variations to add land** – expanding permit areas, but only for 'non-exclusive' land and limited to low-impact activities\n\n**Why it matters:**\nUnder the Native Title Act, 'approved exploration acts' receive procedural protections. This means mining companies can proceed with low-impact exploration without needing the full native title negotiation process that would normally apply. It creates a streamlined pathway for exploration while (theoretically) limiting impacts on native title rights through the 'low impact' restriction.\n\n**Key limitation:** The determination only applies to 'low impact exploration permits' – a specific category under Queensland law that restricts activities to minimise damage to land and cultural sites."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2","history":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2/history","analysis":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2/analysis","conflicts":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2/conflicts","importantCases":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2/important-cases","documents":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-exploration-permits-determination-2/documents"}}