Commonwealth legislation

Native Title (Right to negotiate - Alternative Provisions) (Western Australia Laws about Alternative Provision Areas) Determination 2000

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

5/10 complexity

This certificate is the Commonwealth Attorney‑General’s formal approval allowing Western Australia to use its own native title negotiation laws instead of the federal Native Title Act’s default "right to negotiate." It confirms specified WA Acts and regulations meet the Commonwealth’s standards for alternative provisions.

It affects native title holders in WA, mining companies/developers, and the WA government by shifting negotiation procedures to the state regime while preserving federally required minimum safeguards.

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Current sections

Direct links to the current provisions in Native Title (Right to negotiate - Alternative Provisions) (Western Australia Laws about Alternative Provision Areas) Determination 2000.

Native Title (Right to negotiate - Alternative Provisions) (Western Australia Laws about Alternative Provision Areas) Determination 2000

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Native Title (Right to negotiate — Alternative Provisions) (Western Australia Laws about Alternative Provision Areas) Determination 20001

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 Western Australia mentioned in Schedule 1, providing for alternative provisions to those contained in Subdivisiion 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 October 2000

DARYL WILLIAMS

Attorney-General

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

Native Title (State Provisions) Act 1999

Part 1 (except subsections 1.2 (4) and (5)); Part 2; Part 5 (except Division 4); Part 6 (except sections 6.6 and 6.10 and subsection 6.16 (1)); Part 7 (except section 7.2 and subsections 7.4 (2) and (3)) and Schedule 1 (except item 6).

Native Title (State Provisions) Regulations 2000

Regulations 2, 3, 4, 5, 6, 7, 8, 21 and 22.

Land Administration Act 1997

Parts 9 (except Divisions 5 and 6) and 10, as those Parts are amended by Division 4 of Schedule 2 to the Native Title (State Provisions) Act 1999.

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) (Western Australia Laws about Alternative Provision Areas) Determination 2000