{"id":"F2001B00217","name":"Native Title (Approved Opal or Gem Mining Area - Lightning Ridge (Area 1), New South Wales) Determination 2000","slug":"native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30954,"registerId":"commonwealth-F2001B00217-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Approved Opal or Gem Mining Area - Lightning Ridge (Area 1), New South Wales) Determination 2000","content":"![](image.001.png)\n\nNative Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 1), New South Wales) Determination 20001\n\nI, DARYL ROBERT WILLIAMS, Attorney-General, acting under subsection 26C (2) of the Native Title Act 1993, determine that the area of land and waters in New South Wales specified in Schedule 1, and referred to as Area 1, is an approved opal or gem mining area for the purposes of section 26C of the Act.\n\nDated 16 February 2000.\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Area 1\n\nDo not delete : Schedule Part placeholder\n\n> Note 1 In the following description AMG means Australian Map Grid.\n\n> Note 2 The boundary of the area specified in this Schedule is depicted by the thick black line, enclosing the area identified as Area 1, on the attached copy of a map of the Lightning Ridge Opal & Gem Mining Area. (Area 2 is the subject of the Native Title (Approved Opal or Gem Mining Area — Lightning Ridge (Area 2), New South Wales) Determination 1999.) The map is maintained by the Department of Mineral Resources, Titles Branch, located in Mineral & Energy House, Level 4, 29-57 Christie Street, St. Leonards, NSW. It may be viewed at that office during business hours.\n\nArea 1, which is approximately 1720 square kilometres, is contained within the boundary that begins at the New South Wales and Queensland border at AMG point 602000, 6791500 and continues progressively:\n\n-   generally southerly along the Cretaceous Ridge Line to the Castlereagh Highway at AMG point 592500, 6738000\n-   generally north-westerly along the Cretaceous Ridge Line to AMG point 580000, 6756000\n-   generally southerly along the Cretaceous Ridge Line to AMG point 576000, 6729000\n-   generally north-westerly along the Cretaceous Ridge Line to AMG point 567000, 6740000\n-   generally southerly along the Cretaceous Ridge Line to AMG point 570500, 6710000\n-   generally north, south and south-westerly along the Cretaceous Ridge Line to AMG point 544500, 6677500\n-   generally west and northerly along the Cretaceous Ridge Line to AMG point 537600, 6690200\n-   generally northerly along the Cretaceous Ridge Line to the Narran Lake Road at AMG point 536300, 6714400 and excluding the Narran Archaeological and Mythological Site as recorded in the Register of the National Estate Database (File No. 1/03/223/0008, Registered 30/06/1992)\n\n-   generally easterly along the Cretaceous Ridge Line to AMG point 561500, 6717500\n-   generally northerly along the Cretaceous Ridge Line to AMG point 556000, 6740000\n-   generally north-easterly along the Cretaceous Ridge Line to the Castlereagh Highway at AMG point 587500, 6778500\n-   generally north-westerly along the Castlereagh Highway to AMG point 584000, 6786600\n-   generally north-easterly along the Cretaceous Ridge Line to the New South Wales and Queensland border at AMG point 592000, 6791600\n-   generally easterly along the New South Wales and Queensland border to the point of commencement.\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":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is tightly focused and technical: it performs the narrow statutory function of declaring a defined geographic area to be an 'approved opal or gem mining area' under s26C. It does not expand into unrelated subject matter (it does not grant licences, set environmental standards, fix compensation, or alter other land-tenure regimes). The Determination therefore matches the original, limited purpose in the Native Title Act and does not broaden the legislation's scope beyond that purpose."},"complexity_factors":["Single-paragraph operative determination referencing one statutory power (subsection 26C(2) of the Native Title Act 1993)","Schedule 1 defines the area by a short list of AMG coordinates and descriptive boundary segments (approx. 20 coordinate points)","Cross-reference to the Native Title Act s26C for legal effect (external statutory consequence)","Reference to an external map held by a government office (reliance on an off-instrument authoritative depiction)","One explicit exclusion (Narran Archaeological and Mythological Site) referencing an entry in the Register of the National Estate"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Declares a specific area near Lightning Ridge in New South Wales (called \"Area 1\") to be an \"approved opal or gem mining area\" for the purposes of section 26C of the Native Title Act 1993. (Dated 16 February 2000; the declaration commences on gazettal.)\n- Defines the area by a sequence of Australian Map Grid (AMG) coordinate points and descriptive boundary lines in Schedule 1. The area is about 1,720 square kilometres. A map showing the thick black boundary line is held by the NSW Department of Mineral Resources, Titles Branch and may be inspected during business hours.\n- Explicitly excludes the \"Narran Archaeological and Mythological Site\" (Registered in the Register of the National Estate, File No. 1/03/223/0008).\n\n**Who this affects\n\n- People and businesses seeking to carry out opal or gem mining in and around Lightning Ridge, because the declaration changes the statutory status of that geographic area.\n- Any native title holders or claimants with interests in land or waters inside the designated boundary, because the label \"approved opal or gem mining area\" has specific legal consequences under the Native Title Act (see next section).\n- NSW government agencies and title/mineral regulators who maintain maps and administer mining titles and permits for the area.\n\n**Why it matters (legal effect and practical implications)\n\n- The instrument itself is short and technical: it applies subsection 26C(2) of the Native Title Act 1993 to name Area 1 as an approved opal/gem mining area. That label is meaningful under the Native Title Act — it changes how opal and gem mining activities interact with native title law in the area (because the Act contains special provisions that apply to areas designated under s26C). The Determination does not in itself grant mining licences, nor does it set operational mining conditions; it changes the statutory framework that applies to future mining acts in the area.\n\n**Stated purpose and practical trade-offs (testing the claim against costs and incentives)\n\n- Stated purpose (implicit in the instrument): to identify and fix the geographic limits of an area where opal/gem mining is governed by the Native Title Act's s26C rules. The instrument achieves this by setting coordinates and pointing to an authoritative map.\n\n- Incentives and benefits: designating the area provides legal certainty to prospective miners and to regulators about where the s26C regime applies. That can reduce transaction costs for companies seeking titles and may accelerate permitting where the statutory regime under s26C is intended to streamline or clarify future acts.\n\n- Costs and trade-offs: the change alters the legal bargaining position of affected native title rights-holders within the boundary (because s26C creates a distinct legal treatment for such areas). This is a concentrated impact on native title parties within Area 1 and a concentrated benefit to parties seeking to mine there. The Determination shifts legal risk and negotiating leverage without itself allocating royalties, licences or remediation responsibilities.\n\n- Implementation and compliance mechanics: the boundary is defined by AMG coordinates and by a map maintained by the Department of Mineral Resources, Titles Branch; mining proponents and affected persons must consult those records to determine whether a site falls inside Area 1. The instrument also excludes a named heritage site, so proponents must respect that exclusion (and any separate heritage law obligations).\n\n- Administrative discretion and opportunity costs: the Attorney-General’s determination is a statutory power under s26C(2). Once the area is declared, subsequent administrative decisions (mining tenures, approvals, heritage clearances) are made within that altered legal context. The Determination does not itself set environmental, safety, or commercial terms; those remain with the relevant licensing and regulatory processes.\n\n**Concrete references to the instrument**\n\n- Primary legal hook: subsection 26C(2) of the Native Title Act 1993 (instrument identifies itself as a determination for the purposes of s26C).\n- Geographical mechanics: Schedule 1 lists AMG coordinates and descriptive boundary points; the map is held by the Department of Mineral Resources, Titles Branch (Mineral & Energy House, Level 4, 29–57 Christie Street, St Leonards, NSW).\n- Heritage exclusion: Narran Archaeological and Mythological Site (Register of the National Estate, File No. 1/03/223/0008).\n- Commencement: on gazettal (Acts Interpretation Act 1901, s48 and Native Title Act 1993, s214).\n\n**Net effect in plain terms**\n\n- The Determination is a location-specific legal label: it identifies a parcel of land and waters where opal/gem mining will be treated under the Native Title Act’s s26C regime. That relabeling changes the statutory landscape for miners and native title holders in Area 1, increases legal clarity about where the regime applies, and leaves other substantive regulatory decisions (permits, environmental controls, heritage approvals, compensation frameworks) to the usual licensing and statutory processes."},"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":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by section 26C of the Native Title Act 1993 - declaring a specific geographic area as an approved opal or gem mining area. The scope is narrow, precise, and entirely consistent with the original legislative purpose."},"complexity_factors":["Very short document (approximately 400 words)","Only 1 substantive section with a straightforward declaration","No defined terms section - relies on external definitions in the Native Title Act 1993","Single cross-reference to section 26C(2) of the Native Title Act 1993","Geographic description is detailed but purely descriptive (boundary coordinates and landmarks)","No conditional logic, exceptions, or procedural requirements","Simple administrative instrument format (determination by a single minister)"],"plain_english_summary":"This is a legal document where the Attorney-General officially declares a specific area of land near Lightning Ridge in New South Wales (about 1,720 square kilometres) as an 'approved opal or gem mining area' under the Native Title Act 1993.\n\n**What this means:**\n- **Native title** refers to the recognition of Indigenous Australians' traditional rights to land and waters under Australian law.\n- **Section 26C** of the Native Title Act allows certain mining areas to be declared 'approved' for opal or gem mining, which affects how native title claims and rights work in that area.\n- **Who it affects:** Indigenous traditional owners with native title interests in this region, opal/gem miners operating in the Lightning Ridge area, and the NSW government.\n\n**Why it matters:**\nThis determination creates a special legal category for this land. It means that opal and gem mining activities in this specific area (Area 1) are treated differently under native title law compared to other types of mining or land use. The boundary follows the 'Cretaceous Ridge Line' (a geological feature) and excludes the Narran Archaeological and Mythological Site, which is protected heritage.\n\nThe map showing the exact boundary is held by the NSW Department of Mineral Resources and can be viewed at their St Leonards office."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2","history":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2/history","analysis":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2/analysis","conflicts":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2/conflicts","importantCases":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2/important-cases","documents":"/api/acts/native-title-approved-opal-or-gem-mining-area-lightning-ridge-area-1-new-south-wales-determination-2/documents"}}