{"id":"C2004L02293","name":"Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999","slug":"native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26302,"registerId":"commonwealth-C2004L02293-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999","content":"![](image.001.png)\n\nNative Title (Right to Negotiate — Alternative Provisions) (Northern Territory Mining Laws) Determination 19991\n\nI, DARYL ROBERT WILLIAMS, Attorney-General, acting under paragraph 43A (1) (b) of the Native Title Act 1993 (the Act), determine that:\n\n(a) the provisions of the laws of the Northern Territory mentioned in Schedule 1, providing for alternative provisions to those contained in Subdivision P of Division 3 of Part 2 of the Act, comply with subsections 43A (4) and (6) of the Act; and\n\n(b) the requirements of subsection 43A (7) of the Act are complied with for the whole of the land or waters to which the alternative provisions relate.\n\nDated 27 April 1999.\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Laws providing alternative provisions to Subdivision P of Division 3 of Part 2 of the Act\n\nMining Act\n\nSections 24A, 45A, 66A, 89A and 102, Part XIA (including sections 140D and 140E as affected in their operation by section 23 of the Mining Amendment Act (No. 2) 1998 and by regulation 16 of the Mining Amendment Regulations), section 163 (including that section as affected in its operation by regulation 17 of the Mining Amendment Regulations), sections 164A, 165A, 166A, 191D and 191E.\n\nLands and Mining Tribunal Act 1998\n\nPart 2, sections 11, 12, 13, 14 and 17, Divisions 2 and 3 of Part 3, Part 4, sections 36 and 37.\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":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1739},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination operates strictly within the statutory authority granted by section 43A of the Native Title Act 1993, which explicitly permits the Attorney-General to approve State or Territory alternative provisions to the right to negotiate. The instrument does not expand beyond its original purpose of certifying compliance for the specific NT mining laws listed in Schedule 1."},"complexity_factors":["Extensive cross-referencing to three different legislative instruments (Native Title Act 1993, NT Mining Act, and Lands and Mining Tribunal Act 1998)","References to amendment Acts and regulations that modify how specific sections operate (e.g., 'as affected in its operation by section 23 of the Mining Amendment Act (No. 2) 1998')","Technical native title terminology requiring background knowledge of the 'right to negotiate' regime and 'alternative provisions'","Interaction between federal and territory jurisdictions under section 43A of the Native Title Act"],"plain_english_summary":"This federal approval lets the Northern Territory use its own mining laws and procedures—instead of the Commonwealth “right to negotiate” regime—for projects on native title land. It means Indigenous traditional owners, mining companies, and the NT government will follow Territory rules (including Tribunal dispute resolution and set timelines) for negotiations. The change shifts control of mining-related native title processes from the Commonwealth to the NT."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-","history":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-/history","analysis":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-/important-cases","documents":"/api/acts/native-title-right-to-negotiate-alternative-provisions-northern-territory-mining-laws-determination-/documents"}}