{"id":"F2005B01331","name":"Native Title (Right to Negotiate (Exclusion) - NSW Land) Determination No. 1 of 1996","slug":"native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32520,"registerId":"commonwealth-F2005B01331-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Right to Negotiate (Exclusion) - NSW Land) Determination No. 1 of 1996","content":"Commonwealth of Australia\n\nNative Title Act 1993\n\nNative Title (Right to Negotiate (Exclusion) — NSW Land) Determination No. 1 of 1996\n\nI, john joseph herron, Minister for Aboriginal and Torres Strait Islander Affairs, being satisfied of the matters referred to in subsection 26 (4) of the Native Title Act 1993, make the following Determination under paragraph 26 (3) (b) of that Act.\n\nDated 6 November 1996.\n\nJOHN HERRON\n\nMinister for Aboriginal and Torres Strait Islander Affairs\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Determination may be cited as the Native Title (Right to Negotiate (Exclusion)—NSW Land) Determination No. 1 of 1996.\n\nCommencement\n\n2. This Determination commences on 6 November 1996.\n\nInterpretation\n\n3. In this Determination:\n\n“the Act” means the Native Title Act 1993.\n\nActs excluded from right to negotiate provisions\n\n4. (1) For the purposes of paragraph 26 (3) (b) of the Act, each of the acts in subclause (2) is an act excluded from the coverage of subsection 26 (2) of the Act if the licence or authority, as the case requires, includes, or is subject to, a condition to the effect that the holder must not prospect on, or in relation to, any onshore place covered by that licence or authority in relation to which native title exists without the prior written consent of the New South Wales Minister for Mineral Resources.\n\n  \n(2) For the purposes of subclause (1), the acts are:\n\n(a) the grant of an exploration licence under section 22 of the Mining Act 1992 (New South Wales);\n\n(b) the renewal of an exploration licence under section 114 of the Mining Act 1992 (New South Wales);\n\n(c) the grant of an exploration licence under section 9 of the Petroleum (Onshore) Act 1991 (New South Wales);\n\n(d) the renewal of an exploration licence under section 19 of the Petroleum (Onshore) Act 1991 (New South Wales);\n\n(e) the grant of a special prospecting authority under section 9 of the Petroleum (Onshore) Act 1991 (New South Wales);\n\n(f) the renewal of a special prospecting authority under section 19 of the Petroleum (Onshore) Act 1991 (New South Wales).\n\n> Note: \\[NOTE: Under clause 4 of the Native Title (Right to Negotiate (Inclusion)—NSW Land) Approval No. 1 of 1996, the giving of prior written consent of the New South Wales Minister for Mineral Resources for the holder of a licence or authority referred to in clause 4 of this Determination to prospect on, or in relation to, any onshore place covered by that licence or authority in relation to which native title exists, is an act for the purposes of paragraph 26 (2) (e) of the Act.\\]","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by section 26 of the Native Title Act 1993—allowing the Minister to exclude certain acts from the right to negotiate where alternative protections are in place. The scope is narrow and precisely targeted at specific types of exploration licences in NSW, with no evidence of scope creep beyond the original statutory purpose."},"complexity_factors":["Very short document (6 clauses, approximately 300 words)","Only 1 defined term ('the Act')","Simple conditional structure: exemption applies IF the licence includes a specific condition","Straightforward cross-references to specific sections of two NSW statutes (Mining Act 1992 and Petroleum (Onshore) Act 1991)","Single operative mechanism (exclusion from right to negotiate) with one clear safeguard condition","No nested exceptions or complex definitional provisions"],"plain_english_summary":"This is a ministerial determination made under the Native Title Act 1993 that removes certain mining and petroleum exploration activities from the 'right to negotiate' process in New South Wales.\n\n**What it does:**\nNormally, when someone wants to do mining or exploration on land where native title exists, they must go through a formal negotiation process with the traditional owners. This determination **exempts** (removes) certain types of exploration licences from that requirement—but only if those licences include a specific condition.\n\n**The condition:**\nThe exemption only applies if the licence requires the holder to get **prior written consent** from the NSW Minister for Mineral Resources before prospecting on any land where native title exists. This acts as a safeguard—instead of negotiating with traditional owners directly, the miner must get ministerial approval first.\n\n**Which activities are affected:**\n- Exploration licences and their renewals under the NSW Mining Act 1992\n- Exploration licences and their renewals under the NSW Petroleum (Onshore) Act 1991\n- Special prospecting authorities and their renewals under the same Petroleum Act\n\n**Who it affects:**\n- Mining and petroleum companies seeking exploration licences in NSW\n- Aboriginal and Torres Strait Islander traditional owners with native title rights\n- The NSW Minister for Mineral Resources, who becomes the gatekeeper for access to native title land\n\n**Why it matters:**\nThis creates a streamlined process for exploration activities while maintaining some protection for native title holders through ministerial oversight. It reflects a balance between encouraging resource exploration and protecting Indigenous land rights—though it removes the direct negotiation rights that would otherwise apply."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Determination narrows the scope of the Native Title Act's right to negotiate by excluding specified NSW onshore exploration grants and renewals from subsection 26(2) where the licence/authority contains a ministerial‑consent condition (cl.4). Practically, decision‑making about prospecting in areas 'in relation to which native title exists' shifts to the NSW Minister for Mineral Resources and the statutory negotiation pathway is removed for those listed acts."},"complexity_factors":["Condition-based exclusion: the exclusion applies only where a licence/authority 'includes, or is subject to, a condition' requiring ministerial consent (cl.4(1))","Cross‑references to multiple statutes: relies on the Native Title Act 1993 plus NSW Mining Act 1992 and Petroleum (Onshore) Act 1991 (cl.4(2))","Specific list of acts: separate treatment for grants and renewals of different licence types and special prospecting authorities (cl.4(2)(a)–(f))","Administrative discretion concentrated in a state minister: prior written consent is required from the NSW Minister for Mineral Resources (cl.4(1))","Dependency on factual predicate 'in relation to which native title exists' creates implementation tasks to identify affected places (cl.4(1))","Interaction with Commonwealth right‑to‑negotiate framework: removes procedural avenue under subsection 26(2) for listed acts (preamble and cl.4)"],"plain_english_summary":"This Determination removes the Native Title Act 'right to negotiate' for certain New South Wales onshore exploration grants and renewals (mining and onshore petroleum, including special prospecting authorities) when the licence or authority includes a condition requiring the holder to obtain the New South Wales Minister for Mineral Resources' prior written consent before prospecting on areas where native title exists (cl.4). As a result, licence holders must seek ministerial consent and native title parties cannot use the Act's negotiation process for those specific acts."},"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-exclusion-nsw-land-determination-no-1-of-1996","history":"/api/acts/native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996/history","analysis":"/api/acts/native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996/important-cases","documents":"/api/acts/native-title-right-to-negotiate-exclusion-nsw-land-determination-no-1-of-1996/documents"}}