Commonwealth legislation

Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

This federal approval lets the Northern Territory use its own mining laws and procedures—instead of the Commonwealth “right to negotiate” regime—for projects on native title land. It means Indigenous traditional owners, mining companies, and the NT government will follow Territory rules (including Tribunal dispute resolution and set timelines) for negotiations. The change shifts control of mining-related native title processes from the Commonwealth to the NT.

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Current sections

Direct links to the current provisions in Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999.

Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999

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Native Title (Right to Negotiate — Alternative Provisions) (Northern Territory Mining Laws) Determination 19991

I, DARYL ROBERT WILLIAMS, Attorney-General, acting under paragraph 43A (1) (b) of the Native Title Act 1993 (the Act), determine that:

(a) the provisions of the laws of the Northern Territory 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 subsections 43A (4) and (6) of the Act; and

(b) the requirements of subsection 43A (7) of the Act are complied with for the whole of the land or waters to which the alternative provisions relate.

Dated 27 April 1999.

DARYL WILLIAMS

Attorney-General

Schedule 1 Laws providing alternative provisions to Subdivision P of Division 3 of Part 2 of the Act

Mining Act

Sections 24A, 45A, 66A, 89A and 102, Part XIA (including sections 140D and 140E as affected in their operation by section 23 of the Mining Amendment Act (No. 2) 1998 and by regulation 16 of the Mining Amendment Regulations), section 163 (including that section as affected in its operation by regulation 17 of the Mining Amendment Regulations), sections 164A, 165A, 166A, 191D and 191E.

Lands and Mining Tribunal Act 1998

Part 2, sections 11, 12, 13, 14 and 17, Divisions 2 and 3 of Part 3, Part 4, sections 36 and 37.

Note

Note: 1. This determination commences on gazettal: see Acts Interpretation Act 1901, s 48 and Native Title Act 1993, s 214.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999