{"id":"F2001B00224","name":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 2000","slug":"native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30959,"registerId":"commonwealth-F2001B00224-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 2000","content":"![](image.001.png)\n\nNative Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Exploration Permits) Determination 20001\n\nI, DARYL ROBERT WILLIAMS, Attorney-General, acting under paragraph 43 (1) (b) of the Native Title Act 1993 (the Act), determine that the provisions of the laws of Queensland 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 subsection 43 (2) of the Act.\n\nDated 31 May 2000\n\nDARYL WILLIAMS\n\nAttorney-General\n\nSchedule 1 Laws providing alternative provisions to Subdivision P of Division 3 of Part 2  \nof the Act\n\n## Mineral Resources Act 1989 2\n\nParts 5 and 12; Divisions 1 and 4 of Part 15; subsections 525 (5), (6), (7), (8) and (9) and 527 (3) and sections 529 and 530 in Division 5 of Part 15; section 531 (except subparagraph (2) (b) (i)), subsections 532 (2) and (3), section 533 and subsections 534 (1), (2), (5) and (6) in Division 6 of Part 15; Division 4 of Part 17; Part 18 (except subsection 707 (6) and sections 711, 714, 715 and 716); and section 725 (except subparagraphs (1) (a) (ii) and (1) (d) (ii)) and subsections 727 (2) and 730 (1), (2), (7) and (8) in Part 19.\n\n## Land and Resources Tribunal Act 1999 3\n\nSections 3, 4, 6, 7, 8, 14, 15, 16, 17, 18, 19 and 28, subsections 39 (1) and (2), sections 40, 41, 42, 44, 45, 51 and 55, Division 5 of Part 4 and Schedules 1 and 4.\n\n## Supreme Court of Queensland Act 1991\n\nSection 12.\n\n> Notes\n\n> Note: 1. This Determination commences on gazettal: see Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214.\n\n> Note: 2. Provisions of the Mineral Resources Act 1989 mentioned in this Determination include provisions that are amended or inserted by as yet uncommenced provisions of the Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998, the Land and Resources Tribunal Act 1999 and the Native Title (Queensland) State Provisions Amendment Act 1999.\n\n> Note: 3. Provisions of the Land and Resources Tribunal Act 1999 mentioned in this Determination include provisions that are amended by as yet uncommenced provisions of the Native Title (Queensland) State Provisions Amendment Act 1999.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This determination appears to be performing its intended function under section 43 of the Native Title Act 1993. It is a specific, narrow instrument approving alternative state provisions for exploration permits in Queensland. There is no indication that it has expanded beyond its original purpose of substituting state procedures for the federal right to negotiate in this specific context."},"complexity_factors":["Heavy cross-referencing: The determination references specific subdivisions, divisions, parts, sections, subsections, and subparagraphs across multiple Queensland Acts without reproducing their content","Fragmented legislative mapping: Schedule 1 uses complex partial references (e.g., 'section 531 (except subparagraph (2) (b) (i))' and 'subsections 534 (1), (2), (5) and (6)') requiring readers to cross-check multiple provisions","Temporal complexity: Notes indicate that some referenced provisions include amendments from 'as yet uncommenced' legislation, creating uncertainty about which version of the law applies","Nested statutory framework: The determination sits under section 43 of the Native Title Act 1993, which itself contains compliance criteria in subsection 43(2), requiring understanding of the federal statutory context","Multiple interacting statutes: Involves coordination between federal Native Title Act and three separate Queensland statutes (Mineral Resources Act, Land and Resources Tribunal Act, Supreme Court Act)","Conditional commencement: Subject to gazettal under Acts Interpretation Act 1901 and Native Title Act 1993 section 214"],"plain_english_summary":"This is a legal determination made by the Attorney-General in 2000 that approves specific Queensland laws as alternatives to the standard 'right to negotiate' rules under federal native title law.\n\n**What is native title and the right to negotiate?**\nNative title recognises Indigenous Australians' traditional rights to land and waters. Under the federal Native Title Act 1993, when someone wants to do something that might affect native title (like mining), they usually have to negotiate with the native title holders. This is called the 'right to negotiate'.\n\n**What this determination does:**\nIt allows Queensland to use its own state laws instead of the federal negotiation rules when granting **exploration permits** (permits to search for minerals). The Attorney-General has checked that Queensland's alternative procedures meet the requirements of the federal Act.\n\n**Which Queensland laws are approved?**\nThe determination lists specific parts of three Queensland laws:\n- **Mineral Resources Act 1989** – rules about mining and exploration permits, including how to apply for them, conditions, and disputes\n- **Land and Resources Tribunal Act 1999** – sets up a tribunal to hear disputes about land and resource matters\n- **Supreme Court of Queensland Act 1991** – one section about the court's jurisdiction\n\n**Who does this affect?**\n- Mining companies applying for exploration permits in Queensland\n- Indigenous groups with native title rights in Queensland\n- The Queensland government when processing exploration permits\n\n**Why it matters:**\nThis creates a streamlined, state-specific process for exploration permits rather than using the federal native title negotiation procedures. It means less red tape for exploration permits while still protecting native title rights through the approved state system."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Determination performs a statutory certification function authorised by s43 of the Native Title Act: it specifies which Queensland statutory provisions will operate as an alternative to the federal right‑to‑negotiate for exploration permits. That is consistent with the purpose of s43 and does not broaden the Act's original reach; it does not add new subject‑matter beyond the alternative‑provisions mechanism. The only scope complication is practical: the Determination ties the federal alternative to particular state provisions (including some uncommenced amendments), which can affect how broadly or narrowly the substitute procedures operate in practice, but it does not itself expand the Act's statutory scope."},"complexity_factors":["Short instrument but heavy reliance on cross‑references to multiple Parts, Divisions and subsections in the Mineral Resources Act 1989 (many specific subsections listed)","References to provisions in the Land and Resources Tribunal Act 1999 (multiple sections and a Division) and one section of the Supreme Court Act","Inclusion of uncommenced amendments to the listed state Acts (creates timing/commencement uncertainty)","Several explicit exceptions and subsection exclusions listed (e.g. \"except subsection 707(6) and sections 711, 714, 715 and 716\") increasing conditionality","Interplay with federal Native Title Act s43(1)(b) and s43(2) requires checking federal-state conformity and possible litigation over whether state provisions truly meet the federal standard","Operational complexity for users: affected parties must consult several separate state Acts and confirm commencement status to know the applicable procedural rules"],"plain_english_summary":"**What this instrument does**\n\n- This is a federal legal determination that says certain Queensland laws about exploration permits can be used instead of the federal \"right to negotiate\" process in the Native Title Act. In other words, the Attorney‑General has certified that specified Queensland provisions meet the federal test in subsection 43(2) of the Native Title Act, so those state provisions operate as an \"alternative\" to the federal Subdivision P (the ordinary right‑to‑negotiate rules) for exploration permits.  \n\n- The Determination lists the exact Queensland statutory provisions that are covered. It names parts and sections of the Mineral Resources Act 1989, parts of the Land and Resources Tribunal Act 1999, and one section of the Supreme Court of Queensland Act 1991. Some of the listed state provisions include amendments that were not yet in force at the time the Determination was made.\n\n**Who this affects**\n\n- Native title claimants and registered native title bodies/corporate entities in Queensland where exploration permits are proposed. These parties normally have a statutory \"right to negotiate\" under federal law about proposed grants that may affect native title rights.  \n\n- Prospective explorers, exploration permit applicants, and resource companies who apply for exploration permits under the Queensland Mineral Resources Act.  \n\n- Queensland government decision‑makers (mining/resource ministers and administrative tribunals) and courts (the Land and Resources Tribunal and the Supreme Court of Queensland as referenced).\n\n**How it matters (mechanics and legal effect)**\n\n- Legal mechanism: Under paragraph 43(1)(b) of the Native Title Act the federal Attorney‑General can determine that particular state provisions provide an alternative procedure to the federal right‑to‑negotiate. When so determined, those state procedures govern the process for the relevant category of future interests (here, exploration permits) instead of Subdivision P of Division 3 of Part 2 of the Native Title Act.  \n\n- Practical effect: For exploration permits covered by the specified Queensland provisions, the state regime—its timelines, notice rules, consultation steps, objections and dispute resolution routes (including the Land and Resources Tribunal provisions listed)—will be the operative process. Native title parties and applicants must follow the state process rather than the federal Subdivision P process.  \n\n- The Determination identifies precise Parts, Divisions and subsections of the Mineral Resources Act and other Acts that are the alternative provisions. It also notes some of those provisions rely on amendments that were not yet commenced, which can create transitional or timing uncertainties.\n\n**Purpose claimed and a quick test of tradeoffs**\n\n- The stated purpose (implicit in the instrument and authorised by s43) is to allow a state regulatory process to substitute for the federal right‑to‑negotiate procedure for exploration permits. That generally aims to use a single, state‑based regulatory route rather than the federal negotiation pathway.  \n\n- Costs and incentives: the shift concentrates procedural control with state decisionmakers and the named tribunals (the Determination lists many specified tribunal sections). This can reduce duplication and speed permitting for explorers (benefit to permit applicants) but shifts the compliance and participatory framework that native title parties rely on to state rules.  \n\n- Compliance burden and implementation risk: parties must learn and comply with a different set of rules (numerous specified sections of the Mineral Resources Act and Tribunal Act). The Determination explicitly includes some uncommenced amendments; that introduces uncertainty about the exact state regime in effect at any moment and about transitional arrangements.  \n\n- Bureaucratic discretion and review: by listing tribunal and Supreme Court provisions, the Determination makes those state dispute‑resolution and judicial review routes central to resolving disagreements. Who decides (state ministers, tribunal members, or courts) changes the institutional pathway for disputes compared with federal Subdivision P.  \n\n- Effects on private choice and competition: for exploration firms the likely effect is a clearer single pathway to obtain permits under state law. Whether this raises or lowers compliance costs depends on the details of the state provisions (timing, consultation obligations, compensation or conditions), which are set out in the referenced parts of the Mineral Resources Act and the Tribunal Act.\n\n**Implementation notes**\n\n- The Determination commences on gazettal.  \n- Notes in the Determination record that some referenced state provisions include not‑yet‑commenced amendments from later state Acts; readers and users must check which state provisions had actually commenced at the time of a particular permit application.\n\n**Bottom line**\n\n- This instrument does not itself alter rights to land or native title; it is a federal certification that a specified set of Queensland statutory provisions can be used in place of the federal right‑to‑negotiate process for exploration permits. That changes the procedural route for native title parties and applicants and shifts dispute resolution and decision‑making into the state statutory framework named in the schedule."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det","history":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det/history","analysis":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det/important-cases","documents":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-exploration-permits-det/documents"}}