{"id":"F2005B01330","name":"Native Title (Right to Negotiate (Inclusion) - NSW Land) Approval No. 1 of 1996","slug":"native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32519,"registerId":"commonwealth-F2005B01330-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (Right to Negotiate (Inclusion) - NSW Land) Approval No. 1 of 1996","content":"Commonwealth of Australia\n\nNative Title Act 1993\n\nNative Title (Right to Negotiate (Inclusion)—NSW Land) Approval No. 1 of 1996\n\nI, john joseph herron, Minister for Aboriginal and Torres Strait Islander Affairs, make the following Approval under paragraph 26 (2) (e) of the Native Title Act 1993.\n\nDated 6 November 1996.\n\nJOHN HERRON\n\nMinister for Aboriginal and Torres Strait Islander Affairs\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Approval may be cited as the Native Title (Right to Negotiate (Inclusion)—NSW Land) Approval No. 1 of 1996.\n\nCommencement\n\n2. This Approval commences on 6 November 1996.\n\nInterpretation\n\n3. In this Approval:\n\n“the Act” means the Native Title Act 1993.\n\nApproved acts for the purposes of right to negotiate provisions\n\n4. The giving of prior written consent by the New South Wales Minister for Mineral Resources for the holder of a licence or authority referred to in clause 4 of the Native Title (Right to Negotiate (Exclusion)—NSW Land) Determination No. 1 of 1996, as in force at the commencement of this Approval, 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":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: adding a specific type of NSW mineral resources consent to the right to negotiate framework. There is no evidence of scope creep; it remains tightly focused on the single act described in clause 4."},"complexity_factors":["Very short document (only 4 clauses plus citation/commencement)","Only 1 defined term ('the Act')","Single operative provision (clause 4) with one conditional element","Cross-reference to one external instrument (Native Title (Right to Negotiate (Exclusion)—NSW Land) Determination No. 1 of 1996) to identify the specific licences covered","No nested exceptions or complex conditional logic","Straightforward administrative mechanism: ministerial approval under existing statutory power (paragraph 26(2)(e) of Native Title Act 1993)"],"plain_english_summary":"This 1996 federal instrument amends the Native Title Act regime by declaring that written consent from the NSW Minister for Mineral Resources to prospect on land covered by certain licences triggers the Act’s “right to negotiate.” It affects native title holders (who gain negotiation rights), mining interests holding those licences, and the NSW government’s approval process. It matters because it requires Indigenous consultation before mineral exploration proceeds on the specified lands."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Approval does not broaden the universe of activities covered by the Native Title Act; it simply declares that a specific type of ministerial prior written consent (for licences/authorities identified in the referenced NSW Determination) counts as an 'act' under paragraph 26(2)(e) (s4). Its effect is limited by the reference to the Determination 'as in force at the commencement' (s4; s2) and by the narrow subject matter of the Approval."},"complexity_factors":["Single, narrowly targeted legal declaration limited to one category of consent (s4).","Relies on definitions and scope in a separate NSW Determination (clause 4 of the Native Title (Right to Negotiate (Exclusion)—NSW Land) Determination No. 1 of 1996) referenced in s4, creating cross‑instrument dependency.","Temporal qualifier ties application to the Determination 'as in force at the commencement' (s4; commencement s2), which can affect scope if the Determination changes.","Assigns operational decision‑making to the NSW Minister for Mineral Resources (s4), embedding administrative discretion over whether consent is given.","Imposes a compliance step on licence/authority holders (obtain prior written consent) to secure the designated 'act' status (s4).","Legal effect depends on interpreting 'act for the purposes of paragraph 26(2)(e)' under the Native Title Act (s3 defines 'the Act'; s4 invokes paragraph 26(2)(e)), a matter for statutory construction or tribunal/court guidance.","Text contains no procedural details about how consent is to be procured or how native title parties are to be engaged, leaving implementation practices to the Minister and related instruments (s4)."],"plain_english_summary":"This Approval says that when the New South Wales Minister for Mineral Resources gives prior written consent allowing a licence‑holder to prospect on onshore land where native title exists, that giving of consent is treated as an \"act\" under paragraph 26(2)(e) of the Native Title Act 1993. It affects NSW prospecting licence/authority holders (who must secure consent), the NSW Minister (who grants consent), and native title parties whose negotiation rights interact with that consent (see s4; commencement s2)."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996","history":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996/history","analysis":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996/analysis","conflicts":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996/conflicts","importantCases":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996/important-cases","documents":"/api/acts/native-title-right-to-negotiate-inclusion-nsw-land-approval-no-1-of-1996/documents"}}