{"id":"F2001B00229","name":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mining Claims) Determination 2000","slug":"native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30961,"registerId":"commonwealth-F2001B00229-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 Mining Claims) Determination 2000","content":"![](image.001.png)\n\nNative Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Claims) 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 4 and 12; Divisions 1 and 4 of Part 14; subsections 465 (5), (6), (7), (8) and (9) and 468 (3) and sections 470 and 471 in Division 5 of Part 14; subsections 472 (5), (6), (7) and (8) and 475 (3) and sections 477 and 478 in Division 6 of Part 14; Division 4 of Part 17; Part 18 (except sections 717 and 718); and section 725 (except subparagraphs (1) (a) (ii) and (1) (d) (ii)), paragraph 727 (1) (a) and subsections 729 (1), (2), (7) and (8) and 734 (1), (2) and (4) 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":4,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the function contemplated by s 43 of the Native Title Act 1993 — approving state alternative provisions for the right to negotiate. It does not expand beyond this specific statutory purpose."},"complexity_factors":["Heavy cross-referencing to multiple Queensland statutes without reproducing their content — the Determination merely lists section numbers (e.g., 'subsections 465(5)-(9)' of the Mineral Resources Act 1989)","Incorporation of uncommenced amendments noted in the explanatory notes, creating temporal complexity about when specific provisions actually apply","Nested exceptions in the scheduled provisions (e.g., 'Part 18 (except sections 717 and 718)' and 'section 725 (except subparagraphs...)'","Reliance on external statutory context — understanding this Determination requires familiarity with both the Native Title Act 1993 (Cth) and the three Queensland statutes mentioned","Federal-state interaction mechanics — the document operates at the intersection of Commonwealth and Queensland law, requiring understanding of how s 43 of the Native Title Act operates"],"plain_english_summary":"This is a legal determination made by the Attorney-General in 2000 that approves specific Queensland mining laws as alternatives to the federal 'right to negotiate' rules under the Native Title Act 1993.\n\n**What this means:**\nUnder the Native Title Act, native title holders generally have a 'right to negotiate' with mining companies before certain mining activities can go ahead on their land. However, the Act allows states to create their own alternative processes if the federal Attorney-General approves them.\n\n**What this document does:**\nIt gives the green light to particular sections of three Queensland laws that set up alternative negotiation procedures for mining claims:\n- **Mineral Resources Act 1989** — extensive provisions covering mining claims, objections, tribunal procedures, and appeals\n- **Land and Resources Tribunal Act 1999** — provisions establishing the tribunal that hears disputes and its procedures\n- **Supreme Court of Queensland Act 1991** — one section dealing with judicial oversight\n\n**Who it affects:**\n- Native title holders in Queensland whose land is subject to mining claims\n- Mining companies seeking to explore or extract minerals\n- The Queensland government, which can now use its own approved processes instead of the federal ones\n\n**Why it matters:**\nThis shifts the balance of power from federal to state control over how mining negotiations with Indigenous groups are conducted in Queensland. Rather than using the federal Native Title Act's negotiation rules, mining companies and native title groups must now follow these specific Queensland procedures when dealing with mining claims."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Determination alters the operative scope of the Native Title Act's 'right to negotiate' for mining claims in Queensland by treating specified state provisions as the alternative to Subdivision P (opening paragraph; Schedule 1). It therefore substitutes state procedural and remedial rules (Mineral Resources Act 1989; Land and Resources Tribunal Act 1999; Supreme Court of Queensland Act 1991) for the Commonwealth provisions, and it also relies on some uncommenced state amendments (Notes 2–3), which affects how and when the new scope operates."},"complexity_factors":["Cross‑jurisdictional substitution: a federal determination (para 43(1)(b) of the Native Title Act 1993) replaces Commonwealth Subdivision P processes with specified Queensland law procedures (see opening paragraph).","Detailed, subsection‑level scope: Schedule 1 lists numerous Parts, Divisions and precise subsections of the Mineral Resources Act 1989 and sections of the Land and Resources Tribunal Act 1999 and Supreme Court of Queensland Act 1991, requiring fine‑grained legal mapping.","Multiple decision and dispute bodies implicated: the Determination brings in tribunal provisions and Supreme Court section (Schedule 1), so several state bodies and courts are engaged.","Uncommenced amendments referenced: Notes 2–3 state some cited provisions depend on as‑yet uncommenced state amendments, raising sequencing and interpretation complexity.","Administrative discretion: the Attorney‑General's power to certify compliance (paragraph 43(1)(b)) concentrates a threshold decision in a single federal office.","Compliance burden and shifting rules: affected parties (mining applicants and native title parties) must adapt to state procedures rather than the federal Subdivision P model (Schedule 1).","Commencement mechanics: Determination commences on gazettal (Note 1), which affects timing of rights and obligations."],"plain_english_summary":"**What it does:** The Attorney‑General, under paragraph 43(1)(b) of the Native Title Act 1993, declares specified Queensland mining and tribunal laws (listed in Schedule 1) to be 'alternative provisions' to the Commonwealth 'right to negotiate' rules for mining claims.  \n\n**Who it affects and why it matters:** Mining applicants, native title parties and adjudicative bodies in Queensland will follow the state's listed procedures instead of Subdivision P; the Determination takes effect on gazettal and notes that some cited state amendments are not yet commenced (Notes)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina","history":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina/history","analysis":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina/important-cases","documents":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-claims-determina/documents"}}