{"id":"F2001B00220","name":"Native Title (Approved Exploration Etc Acts - Queensland) (Low Impact Mineral Development Licences) Determination 2000","slug":"native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30957,"registerId":"commonwealth-F2001B00220-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 Mineral Development Licences) Determination 2000","content":"![](image.001.png)\n\nNative Title (Approved Exploration Etc. Acts — Queensland) (Low Impact Mineral Development Licences) 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 a mineral development licence under Part 6 of the Mineral Resources Act 1989 of Queensland that is a low impact mineral development licence to which Division 2 of Part 16 of that Act applies (including application because of Part 19).\n\nThe renewal of a mineral development licence under Part 6 of the Mineral Resources Act 1989 of Queensland that is a low impact mineral development licence to which Division 5 of Part 16 of that Act applies.\n\nThe variation of conditions to include non-exclusive land in, or the addition of non-exclusive land to, or the addition of stated minerals to, a mineral development licence under Part 6 of the Mineral Resources Act 1989 of Queensland that is a low impact mineral development licence to which Division 6 of Part 16 of that Act applies, where the variation or addition is only for low impact activities within the meaning of section 538 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":"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":2,"scope_assessment":{"changed":false,"description":"The instrument is narrowly focused and does not expand the legislative scope beyond its original, stated purpose. It simply designates a confined class of low impact mineral development licence acts (grant, renewal, limited variations/additions) as \"approved exploration etc. acts\" under the Native Title Act. Any change in practical reach depends on how the Queensland low‑impact definition (s.538) and the Native Title Act's treatment of \"approved\" acts operate in practice, but the Determination itself does not broaden the class beyond that stated in Schedule 1."},"complexity_factors":["Very short instrument (single paragraph plus Schedule 1)","Only one primary federal power invoked: Native Title Act 1993 s26A(1)","Three cross‑references to Queensland legislation (Part 6 and Divisions 2, 5, 6 of Part 16; s538 low‑impact test)","No nested exceptions or multiple conditional branches in the Determination itself","Practical complexity arises from cross‑legislative interaction rather than internal drafting complexity"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination, made by the Attorney‑General under section 26A(1) of the Native Title Act 1993, declares that a specified class of acts in Queensland are \"approved exploration etc. acts\" for the purposes of the Native Title Act.  (See the Determination text and Schedule 1.)\n\n- The class of acts is narrow and specific: it covers the grant, the renewal, and certain variations or additions to mineral development licences that are low impact mineral development licences under the Mineral Resources Act 1989 (Qld).  The Schedule cites Part 6 of the Mineral Resources Act and the relevant Divisions of Part 16 that apply to low impact mineral development licences, and it requires that any variation or addition is only for activities that meet the low‑impact test in section 538 of that Queensland Act.\n\n- The Determination takes effect on gazettal (so it operates from the date it is published, under the usual Acts Interpretation Act rule).\n\nWho it affects and how\n\n- Mining companies and licence applicants: If they hold or apply for a low impact mineral development licence (as defined by the Queensland Mineral Resources Act), certain licence actions listed in Schedule 1 will be treated as \"approved exploration etc. acts\" under the Native Title Act. This changes how those licence actions interact with native title procedures under federal law.\n\n- Native title holders and claimants: The classification of those licence actions as \"approved\" alters the legal regime that applies to the acts under the Native Title Act (for example, procedural rights, notification requirements, and the availability or calculation of compensation), because the Native Title Act sets out different consequences for acts that are \"approved\". The Determination itself does not specify those consequences; it only assigns the \"approved\" label under the Native Title Act framework.\n\n- State/administrative agencies: Queensland regulators and the Attorney‑General (or their delegates) are the decision‑makers who apply the relevant Queensland Mineral Resources Act tests (including the low‑impact test in s.538) and who administer licences and compliance.\n\nWhy it matters (official purpose and practical effects)\n\n- Official purpose claim: The Determination enables a class of low impact mineral development licence activities to proceed under the streamlined \"approved exploration etc. act\" category in the Native Title Act. The apparent operational effect is to simplify or standardise how those low‑impact licence actions are dealt with under federal native title law.\n\n- Practical tradeoffs and incentives: By designating these acts as \"approved\", the Determination reduces the procedural friction for licence holders (lower transaction and negotiation costs, and predictable federal treatment). Those benefits are concentrated on licence holders and on the state through simplified administration. The burden shifts to native title holders to the extent that procedural protections or negotiation leverage under alternate categories of acts in the Native Title Act may be reduced; any loss of procedural protections depends on how the Native Title Act treats \"approved\" acts in practice.\n\nRisks, compliance and implementation notes\n\n- The Determination depends on accurate classification under Queensland law: only licences and licence variations that meet the statutory definition of a \"low impact mineral development licence\" and the s.538 low‑impact test qualify. Misclassification or scope creep (activities that exceed the low‑impact criteria) creates a risk of later disputes and challenge.\n\n- Enforcement and monitoring: Effective implementation requires Queensland regulators to monitor that activities remain within the low‑impact definition. If enforcement is weak, public or native title interests may suffer impacts that were not intended by the classification.\n\n- Legal uncertainty and dispute risk: The instrument itself is short and references other statutes. The practical legal effects depend on cross‑reference to the Native Title Act and the Queensland Mineral Resources Act; disagreements about whether a particular licence or activity meets the low‑impact threshold are the likely locus of legal disputes.\n\nWho pays and who decides (plain statements)\n\n- Who decides: The Attorney‑General made the Determination (under s.26A(1) of the Native Title Act). Queensland agencies decide whether a particular licence qualifies as a low impact mineral development licence under the Mineral Resources Act and administer the licences.\n\n- Who pays: Licence applicants and holders pay the costs of applying for, renewing, varying and complying with licences. If the Determination reduces procedural requirements under federal native title law, licence holders save on negotiation and compliance costs; native title holders may bear costs in reduced procedural protections, and the state may save administrative resources.\n\nKey statutory cross‑references (for legal practitioners)\n\n- Native Title Act 1993, subsection 26A(1) (authorising the Attorney‑General to make this kind of Determination).\n- Mineral Resources Act 1989 (Qld): Part 6 (mineral development licences), Part 16 Divisions 2, 5 and 6 (procedures for low impact licences), and section 538 (definition/criteria for \"low impact\" activities).\n\nCommencement\n\n- The Determination commences on gazettal (see Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination appears to serve its original narrow purpose: identifying specific classes of mining licences under Queensland law that qualify for streamlined treatment under the Native Title Act. There is no evidence of scope creep — the instrument is tightly focused on the three specific types of mineral development licence modifications (grant, renewal, variation) that meet the 'low impact' criteria under the Queensland Mineral Resources Act. The instrument has not expanded to cover other states, other types of mining tenements, or other activities beyond those originally contemplated."},"complexity_factors":["Very short instrument (approximately 250 words)","Only 3 substantive paragraphs in Schedule 1","Heavy reliance on external references — the Determination has no standalone meaning without cross-referencing the Native Title Act 1993, the Mineral Resources Act 1989 (Qld), and specific Divisions and sections of that Queensland Act","No defined terms within the instrument itself — all key concepts ('low impact mineral development licence', 'non-exclusive land', 'low impact activities') are defined externally","Simple conditional structure: if the licence meets the external statutory criteria, it falls within the class of approved acts","No exceptions, nested conditions, or administrative procedures contained within the instrument"],"plain_english_summary":"This is a legal instrument made by the Attorney-General in 2000 that classifies certain mining activities in Queensland as 'approved exploration etc. acts' under the Native Title Act 1993.\n\n**What it does:**\n- It gives special legal status to specific types of mineral development licences in Queensland, making them 'approved exploration etc. acts'\n- This classification matters because under native title law, these particular mining activities can proceed without needing the full native title approval process that would normally apply\n\n**Who it affects:**\n- Mining companies applying for or holding certain 'low impact' mineral development licences in Queensland\n- Native title holders and claimants whose traditional lands may be affected by these mining activities\n- The Queensland government, which administers these licences under the Mineral Resources Act 1989\n\n**The specific activities covered:**\n- **New grants** of low impact mineral development licences (where Division 2 of Part 16 of the Queensland Act applies)\n- **Renewals** of existing low impact mineral development licences (where Division 5 of Part 16 applies)\n- **Variations** to add non-exclusive land or minerals to existing licences, but only where the changes are for 'low impact activities' as defined in section 538 of the Queensland Act\n\n**Why it matters:**\nNative title law generally requires that certain activities affecting Indigenous peoples' traditional land rights go through a 'future act' process — essentially, negotiations or determinations about whether the activity can proceed and on what terms. By designating these specific mining licences as 'approved exploration etc. acts', this Determination creates a streamlined pathway where these lower-impact mining activities can bypass some of those procedural requirements. This represents a balance between facilitating mineral exploration and protecting native title rights — the 'low impact' limitation attempts to ensure only less disruptive activities get this streamlined treatment."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ","history":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ/history","analysis":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ/analysis","conflicts":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ/conflicts","importantCases":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ/important-cases","documents":"/api/acts/native-title-approved-exploration-etc-acts-queensland-low-impact-mineral-development-licences-determ/documents"}}