{"id":"F2001B00230","name":"Native Title (Right to Negotiate - Alternative Provisions) (Queensland Laws about Mining Leases) Determination 2000","slug":"native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30962,"registerId":"commonwealth-F2001B00230-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 Leases) Determination 2000","content":"![](image.001.png)\n\nNative Title (Right to Negotiate — Alternative Provisions) (Queensland Laws about Mining Leases) 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 7 and 12; Divisions 1 and 4 of Part 17; subsections 689 (5), (6), (7), (8) and (9) and 692 (3) and sections 694 and 695 in Division 5 of Part 17; section 696, subsections 697 (5), (6), (7) and (8) and 698 (3), section 699, subsection 702 (3) and sections 704 and 705 in Division 6 of Part 17; Part 18 (except sections 717 and 718); and section 725 and subsections 727 (1), 732 (1), (2), (7) and (8), 733 (1), (4) and (5) 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":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination operates within the scope anticipated by the Native Title Act (section 43), which expressly allows the Attorney‑General to approve state laws providing alternative procedures to Subdivision P. The instrument does not expand federal substantive native title obligations beyond the Act; instead it substitutes the procedural regime for mining leases in Queensland. That substitution can change practical outcomes (timing, forum, remedies), but it is an exercise of the statutory power and not, in itself, a material change beyond the Act's delegated purpose."},"complexity_factors":["Short instrument text but heavy reliance on cross‑referenced Queensland statutes and many specific Parts/sections","Schedule 1 lists numerous distinct Parts, Divisions and sections across at least three Acts (Mineral Resources Act 1989; Land and Resources Tribunal Act 1999; Supreme Court of Queensland Act 1991)","Includes references to provisions that are amended or inserted by uncommenced State Acts, creating conditional complexity (state of force depends on later commencements)","Legal effect depends on interpreting subsection 43(2) of the Native Title Act and comparing detailed procedural outcomes between Commonwealth Subdivision P and multiple state provisions","Practical application requires cross‑checking several enacted and uncommenced state provisions, tribunal rules, and Supreme Court jurisdiction — multiple implementation actors","Ambiguity risk where state provisions differ in remedies, appeal rights, and timeframes from Commonwealth standard requires case‑by‑case legal analysis"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This is a federal legal determination made under paragraph 43(1)(b) of the Native Title Act 1993.  The Attorney‑General declares that specified provisions of Queensland law may be used instead of the Commonwealth's \"right to negotiate\" provisions in Subdivision P of Division 3 of Part 2 of the Native Title Act for mining leases.  The Queensland provisions listed in Schedule 1 therefore operate as an \"alternative regime\" for the right to negotiate in relation to mining leases.\n\n- The determination lists the specific Queensland laws and the parts/sections that apply.  Those are mainly provisions of the Mineral Resources Act 1989 (many Parts, Divisions and sections of Part 17–19), parts of the Land and Resources Tribunal Act 1999 (including Tribunal procedures and schedules), and section 12 of the Supreme Court of Queensland Act 1991.\n\n- The instrument takes effect on gazettal (it commences when published in the Gazette).\n\n**Who this affects**\n\n- Native title claimants and registered native title bodies/corporate entities who would otherwise use the Commonwealth \"right to negotiate\" process for mining leases.\n- Mining lease applicants and holders in Queensland who must follow the approved Queensland statutory process for negotiating with native title parties.\n- Queensland public decision‑makers and bodies named in Schedule 1 (for example, the Land and Resources Tribunal) who will administer the alternative process.\n- Courts (Supreme Court of Queensland) where judicial review or enforcement questions arise, to the extent the Queensland provisions provide for that.\n\n**Why it matters (stated purpose, and then tested against practical effects)**\n\n- Stated purpose: the Commonwealth Attorney‑General is accepting that Queensland's mining lease laws provide an alternative to the Commonwealth right to negotiate and that those Queensland provisions meet the statutory test in subsection 43(2) of the Native Title Act.\n\n- Practical effect: where the determination applies, the procedural path for negotiating and resolving dealings over proposed mining leases is set by the Queensland provisions identified, not by Subdivision P of the Native Title Act.  That changes which procedures, timelines, decision makers and tribunals apply in practice.\n\n**Costs, incentives and trade‑offs (concrete mechanisms)**\n\n- Who pays: mining lease applicants will incur the costs of complying with the Queensland procedure (application fees, preparation of materials, possible compensation/offsets). Native title parties will incur costs to engage with that process (legal or representation costs). Public bodies administer and resource the tribunal/process.\n\n- Who decides: the Queensland statutes move procedural decision‑making into Queensland bodies (for example, the Land and Resources Tribunal) and preserve a role for the Supreme Court of Queensland for matters within its section 12 jurisdiction. The Commonwealth administrative machinery for Subdivision P is not the decision maker for these dealings where the determination applies.\n\n- Behavioural effects: mining proponents will initiate and progress matters under the Queensland scheme rather than under Commonwealth Subdivision P. Native title parties must use the Queensland pathways and remedies set out in the listed Queensland provisions. Parties may change timing and legal strategies to suit the Queensland procedure.\n\n- Trade‑offs and implementation risk: substituting a state regime for the Commonwealth process can change procedural rights (examples: time limits, standing rules, tribunal procedures, remedies and appeal routes). Those practical differences can affect the cost and speed of outcomes for both claimants and companies. The Determination notes that some of the Queensland provisions it relies on are amended or inserted by other State Acts that are not yet commenced; that creates transitional or legal‑certainty risks until those amendments are in force.\n\n- Compliance burden and incentives: the determination reduces duplication (one state process instead of separate Commonwealth process) but creates an obligation on affected parties to learn and comply with Queensland law. Mining companies may prefer the regime that gives faster or more predictable outcomes; native title parties will assess expected costs and likelihood of successful objection or compensation under the state rules.\n\n**Procedural protections and limits**\n\n- The Determination does not itself change substantive native title rights under the Native Title Act. It operates within section 43 of the Native Title Act which permits alternative state provisions if they satisfy the statutory test. Whether the Queensland provisions provide equivalent practical protection is a question of legal interpretation and implementation, not altered by this Determination alone.\n\n**Key implementation notes**\n\n- The Schedule explicitly picks out numerous Parts, Divisions and sections of Queensland legislation rather than broadly delegating; the precise coverage depends on the listed provisions.\n- Notes in the Determination say that some listed Queensland provisions include amendments yet to commence, so the effective content may depend on the later commencement of those state amendments.\n\n(References: this instrument, Schedule 1 listing the Queensland provisions, and the commencement note.)"},"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":4,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function contemplated by section 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. The scope remains tightly confined to validating Queensland's mining lease negotiation framework as a substitute for the federal Subdivision P process."},"complexity_factors":["Heavy cross-referencing to external Queensland statutes (Mineral Resources Act 1989, Land and Resources Tribunal Act 1999, Supreme Court of Queensland Act 1991) without reproducing their content","Precise section-by-section specification of which provisions are approved (e.g., 'subsections 689 (5), (6), (7), (8) and (9)' and multiple similar granular references)","Nested conditional logic: the determination only has effect because it satisfies subsection 43(2) of the Native Title Act 1993, which itself contains conditions","References to 'as yet uncommenced provisions' in the notes, creating temporal complexity about when specific provisions actually apply","Technical terminology requiring knowledge of both federal native title law and Queensland mining law architecture (Parts, Divisions, Subdivisions)"],"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 traditional lands. However, the Act allows states to create their own alternative processes if the federal Attorney-General approves them.\n\n**What this document does:**\n- **Approves Queensland's alternative system** for handling negotiations between mining companies and native title holders\n- **Replaces the federal right-to-negotiate process** with specific Queensland laws when it comes to mining leases\n- **Covers specific Queensland legislation** including parts of the Mineral Resources Act 1989, the Land and Resources Tribunal Act 1999, and the Supreme Court of Queensland Act 1991\n\n**Who it affects:**\n- Native title holders in Queensland whose lands are subject to mining lease applications\n- Mining companies seeking leases in Queensland\n- The Queensland government and its tribunals (particularly the Land and Resources Tribunal)\n\n**Why it matters:**\nThis shifts the legal framework for native title negotiations in Queensland from federal processes to state-based processes. Instead of using the federal Native Title Tribunal and federal procedures, disputes and negotiations over mining leases in Queensland now follow the state-specific rules outlined in the approved Queensland laws. This was part of a broader trend in the late 1990s and early 2000s where states sought to establish their own native title regimes that complied with federal standards."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina","history":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina/history","analysis":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina/important-cases","documents":"/api/acts/native-title-right-to-negotiate-alternative-provisions-queensland-laws-about-mining-leases-determina/documents"}}