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Queensland
NATIVE TITLE
(QUEENSLAND) STATE
PROVISIONS AMENDMENT
BILL 1999
Queensland
NATIVE TITLE (QUEENSLAND) STATE
PROVISIONS AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--AMENDMENT OF FOSSICKING ACT 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
4 Amendment of s 11 (Act's application if approved determination
of native title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--AMENDMENT OF LAND AND RESOURCES
TRIBUNAL ACT 1999
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6 Amendment of s 26 (Limitation on ownership of mining tenures) . . . . . . . 21
7 Amendment of s 41 (Way in which questions are to be decided) . . . . . . . . 21
8 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
51A Jurisdiction under Commonwealth Native Title Act . . . . . . . . . . . . . 21
9 Amendment of sch 1 (Requirements for constituting tribunal) . . . . . . . . . . 22
10 Amendment of sch 2 (Negotiated agreements) . . . . . . . . . . . . . . . . . . . . . . . 23
11 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 4--AMENDMENT OF MINERAL RESOURCES ACT 1989
12 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 Insertion of new s 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
6B Meaning of "prospect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
15 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Native Title (Queensland) State Provisions
Amendment
10A Extension of certain entitlements to registered native title
bodies corporate and registered native title claimants . . . . . . . . . . . 25
16 Amendment of s 24 (Grant of prospecting permit) . . . . . . . . . . . . . . . . . . . . 26
17 Amendment of s 25 (Conditions of prospecting permit) . . . . . . . . . . . . . . . . 26
18 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25A Indigenous land use agreement conditions . . . . . . . . . . . . . . . . . . . . 27
19 Amendment of s 74 (Grant of mining claim to which no objection
is lodged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Insertion of new ss 81A and 81B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
81A Consultation and negotiated agreement conditions . . . . . . . . . . . . . 27
81B Other agreement conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21 Amendment of s 82 (Variation of conditions of mining claim) . . . . . . . . . . 28
22 Amendment of s 91 (Initial term of mining claim) . . . . . . . . . . . . . . . . . . . . 29
23 Amendment of s 93 (Renewal of mining claim) . . . . . . . . . . . . . . . . . . . . . . 29
24 Amendment of s 137 (Grant of exploration permit) . . . . . . . . . . . . . . . . . . . 29
25 Insertion of new ss 141A-141C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
141A Consultation and negotiated agreement conditions . . . . . . . . . . . . . 30
141B Other agreement conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
141C Application to vary conditions of existing permit . . . . . . . . . . . . . . . 31
26 Amendment of s 144 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . . 31
27 Amendment of s 147 (Renewal of exploration permit) . . . . . . . . . . . . . . . . 32
28 Insertion of new s 176A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
176A Application to add excluded land to existing permit . . . . . . . . . . . . 32
29 Amendment of s 182 (Land is excluded from mineral
development licence if covered by other authority under Act) . . . . . . . . . . 33
30 Amendment of s 183 (Application for mineral development licence) . . . . 33
31 Amendment of s 184 (Description of mineral development licence) . . . . . 33
32 Amendment of s 189 (Abandonment of application for mineral
development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
33 Amendment of s 190 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . . 34
34 Amendment of s 192 (Initial term of mineral development licence) . . . . . 34
35 Insertion of new ss 194AA--194AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
194AA Consultation and negotiated agreement conditions . . . . . . . . . . . . . 35
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Native Title (Queensland) State Provisions
Amendment
194AB Other agreement conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
194AC Application to vary conditions of existing licence . . . . . . . . . . . . . . 36
36 Amendment of s 197 (Renewal of mineral development licence) . . . . . . . 36
37 Amendment of s 208 (Adding other minerals to licence) . . . . . . . . . . . . . . 36
38 Insertion of new s 226AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
226AA Application to add excluded land to existing licence . . . . . . . . . . . 37
39 Amendment of s 230 (Plant remaining on former mineral
development licence may be sold etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
40 Amendment of s 271 (Minister to consider recommendation made
in respect of application for grant of mining lease) . . . . . . . . . . . . . . . . . . . 38
41 Insertion of new ss 276A and 276B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
276A Consultation and negotiated agreement conditions . . . . . . . . . . . . . 38
276B Other agreement conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
42 Amendment of s 286 (Renewal of mining lease) . . . . . . . . . . . . . . . . . . . . . 39
43 Amendment of s 294 (Variation of conditions of mining lease) . . . . . . . . . 39
44 Amendment of s 315 (Approval of additional activities upon
mining lease application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
45 Amendment of s 412 (Offences and recovery of penalties etc.) . . . . . . . . . 40
46 Insertion of new s 416A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
416A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 5--AMENDMENT OF NATIVE TITLE (QUEENSLAND)
ACT 1993
47 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
48 Amendment of s 7 (Object of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
49 Amendment of s 9 (Application of remaining provisions of part) . . . . . . . . 41
50 Insertion of new div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 4--Validation of certain future acts
15A Effect of registration on previous acts covered by
indigenous land use agreements (NTA, s 24EBA(1) and (3)) . . . . . 41
PART 6--AMENDMENT OF NATIVE TITLE (QUEENSLAND)
STATE PROVISIONS AMENDMENT ACT (No. 2) 1998
51 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Native Title (Queensland) State Provisions
Amendment
53 Amendment of s 7 (Amendment of s 5 (Definitions)) . . . . . . . . . . . . . . . . . 43
54 Replacement of ss 9-12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
9 Insertion of new pts 12-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 12--INTRODUCTION TO NATIVE TITLE PROVISIONS
419 Application of native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 43
420 Exclusion of certain agreed acts from pts 13 to 17 . . . . . . . . . . . . . . 44
421 Effect of failure to comply with native title provisions . . . . . . . . . . 44
422 Definitions for native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 45
423 Other provisions for interpretation of native title provisions . . . . . . 47
424 Application of Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 13--NATIVE TITLE PROVISIONS FOR PROSPECTING
PERMITS
Division 1--Preliminary
425 Purpose of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
426 Application of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
427 Exclusion of certain prospecting permits from pt 13 . . . . . . . . . . . . . 49
428 Limited application of pt 13 to prospecting permit in
approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
429 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
430 Meaning of "low impact prospecting permit" for pt 13 . . . . . . . . . . 50
Division 2--Notification requirements
431 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
432 Failure to notify correctly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3--Consultation requirements before entry
433 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
434 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
435 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
436 Native title notification parties may seek mediation . . . . . . . . . . . . 53
437 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
438 Mining registrar may take action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Native Title (Queensland) State Provisions
Amendment
PART 14--NATIVE TITLE PROVISIONS FOR MINING CLAIMS
Division 1--Preliminary
439 Purpose of pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
440 Limited application of pt 14 to mining claim in approved
opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
441 Meaning of "surface alluvium (gold or tin) mining claim" . . . . . . . 56
Division 2--Surface alluvium (gold or tin) mining claims
Subdivision 1--Preliminary
442 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
443 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 2--Notification requirements
444 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
445 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 3--Consultation requirements
446 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
447 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
448 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
449 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
450 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 61
451 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 4--Hearing requirements
452 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
453 Native title notification parties' right to be heard . . . . . . . . . . . . . . . 64
454 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
455 Tribunal must consider consultation matters and agreed issues . . . 65
456 Decision about compensation to be made at hearing . . . . . . . . . . . . 65
457 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 5--Notice of grant
458 Notice of grant to other consultation parties . . . . . . . . . . . . . . . . . . . 66
Division 3--Other mining claims on alternative provision areas
459 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
460 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Native Title (Queensland) State Provisions
Amendment
461 Applying pt 17, div 3 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 4--Other mining claims not on alternative provision areas
462 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
463 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
464 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 5--Renewals of mining claims
465 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
466 Requirements for renewal--applying div 2 . . . . . . . . . . . . . . . . . . . . 72
467 Applying div 2 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
468 Requirements for renewal--applying div 3 . . . . . . . . . . . . . . . . . . . . 73
469 Applying div 3 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
470 Requirements for renewal--applying div 4 . . . . . . . . . . . . . . . . . . . . 74
471 Applying div 4 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 6--Requirements for subsidiary approvals
472 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
473 Requirements for addition--applying div 2 . . . . . . . . . . . . . . . . . . . . 77
474 Applying div 2 for addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
475 Requirements for addition--applying div 3 . . . . . . . . . . . . . . . . . . . . 78
476 Applying div 3 for addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
477 Requirements for addition--applying div 4 . . . . . . . . . . . . . . . . . . . . 79
478 Applying div 4 for addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 15--NATIVE TITLE PROVISIONS FOR EXPLORATION
PERMITS
Division 1--Preliminary
479 Purpose of pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
480 Limited application of pt 15 to exploration permit in
approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
481 Meaning of "low impact exploration permit" . . . . . . . . . . . . . . . . . . 82
482 Meaning of "low impact activity" . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
483 Meaning of "high impact exploration permit" . . . . . . . . . . . . . . . . . 84
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Native Title (Queensland) State Provisions
Amendment
Division 2--Low impact exploration permits
Subdivision 1--Preliminary
484 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
485 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 2--Notification requirements
486 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
487 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Subdivision 3--Consultation requirements before entry
488 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
489 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
490 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
491 Native title notification parties may seek mediation . . . . . . . . . . . . 89
492 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
493 Mining registrar may recommend action . . . . . . . . . . . . . . . . . . . . . . 90
Division 3--High impact exploration permits on alternative
provision areas
Subdivision 1--Preliminary
494 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
495 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
496 Meaning of "registered native title party" for div 3 . . . . . . . . . . . . . 92
Subdivision 2--Notification requirements and right to object
497 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
498 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
499 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
500 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
501 Ending of additional requirements if no objection lodged . . . . . . . . 95
Subdivision 3--Consultation and mediation
502 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
503 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 96
504 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
505 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
506 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 97
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Native Title (Queensland) State Provisions
Amendment
507 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
508 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
509 Process for consultation--guidelines for applicant . . . . . . . . . . . . . . 98
510 Agreement with or without conditions . . . . . . . . . . . . . . . . . . . . . . . . 99
511 Agreement with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 4--Hearing of objections and tribunal's decision
512 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
513 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
514 Identifying agreed issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
515 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
516 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 101
517 Meaning of "native title issues decision" . . . . . . . . . . . . . . . . . . . . . 102
518 Advice of native title issues decision to Minister . . . . . . . . . . . . . . . 102
519 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 102
520 Contract conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
521 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . . 103
Division 4--High impact exploration permits not on alternative
provision areas
522 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
523 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
524 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 5--Renewals of exploration permits
525 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
526 Requirements for renewal--applying div 2 . . . . . . . . . . . . . . . . . . . . 108
527 Requirements for renewal--applying div 3 . . . . . . . . . . . . . . . . . . . . 109
528 Applying div 3 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
529 Requirements for renewal--applying div 4 . . . . . . . . . . . . . . . . . . . . 109
530 Applying div 4 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 6--Requirements for subsidiary approvals
531 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
532 Requirements for variation--low impact exploration permit . . . . . . 111
533 Requirements for variation--high impact exploration permit . . . . . 112
9
Native Title (Queensland) State Provisions
Amendment
534 Requirements for variation or addition--other exploration
permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 16--NATIVE TITLE PROVISIONS FOR MINERAL
DEVELOPMENT LICENCES
Division 1--Preliminary
535 Purpose of pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
536 Limited application of pt 16 to mineral development
licence in approved opal or gem mining area . . . . . . . . . . . . . . . . . . 114
537 Meaning of "low impact mineral development licence" . . . . . . . . . 114
538 Meaning of "low impact activity" . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
539 Meaning of "high impact mineral development licence" . . . . . . . . 116
Division 2--Low impact mineral development licences
Subdivision 1--Preliminary
540 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
541 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Subdivision 2--Notification requirements
542 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
543 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Subdivision 3--Consultation requirements before entry
544 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
545 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
546 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
547 Native title notification parties may seek mediation . . . . . . . . . . . . 121
548 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
549 Mining registrar may recommend action . . . . . . . . . . . . . . . . . . . . . . 122
Division 3--High impact mineral development licences on
alternative provision areas
Subdivision 1--Preliminary
550 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
551 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
552 Meaning of "registered native title party" . . . . . . . . . . . . . . . . . . . . . 124
Subdivision 2--Notification requirements and right to object
553 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
10
Native Title (Queensland) State Provisions
Amendment
554 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
555 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
556 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
557 Ending of additional requirements if no objection lodged . . . . . . . . 128
Subdivision 3--Consultation and mediation
558 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
559 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 128
560 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
561 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
562 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 129
563 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
564 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
565 Process for consultation--guidelines for applicant . . . . . . . . . . . . . . 131
566 Agreement with or without conditions . . . . . . . . . . . . . . . . . . . . . . . . 132
567 Agreement with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 4--Hearing of objections and tribunal's decision
568 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
569 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
570 Identifying agreed issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
571 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
572 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 134
573 Meaning of "native title issues decision" . . . . . . . . . . . . . . . . . . . . . 134
574 Advice of native title issues decision to Minister . . . . . . . . . . . . . . . 135
575 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 135
576 Contract conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
577 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . . 136
Subdivision 5--Notice of grant
578 Notice of grant to other consultation parties . . . . . . . . . . . . . . . . . . . 136
Division 4--High impact mineral development licences not on
alternative provision areas
579 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
580 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
11
Native Title (Queensland) State Provisions
Amendment
581 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 5--Renewals of mineral development licences
582 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
583 Requirements for renewal--applying div 2 . . . . . . . . . . . . . . . . . . . . 142
584 Requirements for renewal--applying div 3 . . . . . . . . . . . . . . . . . . . . 142
585 Applying div 3 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
586 Requirements for renewal--applying div 4 . . . . . . . . . . . . . . . . . . . . 143
587 Applying div 4 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 6--Requirements for subsidiary approvals
588 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
589 Requirements for variation--low impact mineral
development licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
590 Requirements for variation--high impact mineral
development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
591 Requirements for variation or addition--other mineral
development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
592 Requirements for approval--adding minerals to mineral
development licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 17--NATIVE TITLE PROVISIONS FOR MINING LEASES
Division 1--Preliminary
593 Purpose of pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
594 Limited application of pt 17 to mining lease in approved
opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
595 Meaning of "surface alluvium (gold or tin) mining lease" . . . . . . . 148
596 No re-opening of issues previously decided . . . . . . . . . . . . . . . . . . . 149
Division 2--Surface alluvium (gold or tin) mining leases
Subdivision 1--Preliminary
597 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
598 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Subdivision 2--Notification requirements
599 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
600 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
12
Native Title (Queensland) State Provisions
Amendment
Subdivision 3--Consultation requirements
601 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
602 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
603 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
604 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
605 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 155
606 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Subdivision 4--Hearing requirements
607 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
608 Native title notification parties' right to be heard . . . . . . . . . . . . . . . 157
609 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
610 Tribunal must consider consultation matters and agreed issues . . . 158
611 Decision about compensation to be made at hearing . . . . . . . . . . . . 158
612 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 158
Subdivision 5--Notice of grant
613 Notice of grant to other consultation parties . . . . . . . . . . . . . . . . . . . 159
Division 3--Other mining leases on alternative provision areas
Subdivision 1--Preliminary
614 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
615 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Subdivision 2--Notification and registration requirements
616 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
617 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
618 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
619 Registered native title parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
620 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
621 Ending of additional requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Subdivision 3--Consultation and negotiation
622 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . . 167
623 Consultation and negotiation period . . . . . . . . . . . . . . . . . . . . . . . . . . 167
624 Requirement for consultation and negotiation . . . . . . . . . . . . . . . . . . 168
13
Native Title (Queensland) State Provisions
Amendment
625 Content of negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
626 Failure to negotiate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
627 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
628 Process for consultation and negotiation--applicant consultation . 170
629 Process for consultation and negotiation--registered
native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
630 Process for consultation and negotiation--taking account
of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . . 172
631 Process for consultation and negotiation--negotiated
agreement with or without conditions attached . . . . . . . . . . . . . . . . . 172
632 Process for consultation and negotiation--negotiated
agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . . 173
633 Objection during consultation and negotiation period . . . . . . . . . . . 173
Subdivision 4--Referral and native title issues decision
634 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . . 175
635 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . . 176
636 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
637 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . 177
Subdivision 5--Requirements for combined hearing
638 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . . 178
639 Issue of compliance with sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
640 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 179
641 Timing of tribunal's recommendation and native title
issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
642 Tribunal's native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 180
643 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
644 General time requirement for making native title issues decision . 183
645 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 183
Subdivision 6--Overruling of native title issues decision
646 Minister may overrule native title issues decision . . . . . . . . . . . . . . 184
647 Effect of overruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Subdivision 7--Miscellaneous matters about grant
648 Contract conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
14
Native Title (Queensland) State Provisions
Amendment
649 Notice of grant to registered native title parties . . . . . . . . . . . . . . . . 186
Division 4--Other mining leases not on alternative provision areas
Subdivision 1--Preliminary
650 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
651 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Subdivision 2--Notification and registration requirements
652 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
653 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
654 Notification of mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
655 Registered native title parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
656 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
657 Ending of additional requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Subdivision 3--Consultation and negotiation
658 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . . 193
659 Requirement for consultation and negotiation in good faith . . . . . . 194
660 Content of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . 195
661 Failure to negotiate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
662 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
663 Process for consultation and negotiation--applicant consultation . 196
664 Process for consultation and negotiation--registered
native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
665 Process for consultation and negotiation--taking account
of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . . 198
666 Process for consultation and negotiation--negotiated
agreement with or without conditions attached . . . . . . . . . . . . . . . . . 198
667 Process for consultation and negotiation--negotiated
agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . . 199
668 Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Subdivision 4--Referral and native title issues decision
669 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . . 201
670 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . . 203
671 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
672 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . 203
15
Native Title (Queensland) State Provisions
Amendment
Subdivision 5--Requirements for combined hearing
673 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . . 204
674 Issue of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
675 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 206
676 Timing of tribunal's recommendation and native title
issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
677 Tribunal's native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 207
678 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
679 General time requirement for making native title issues decision . 209
680 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . 210
Subdivision 6--Overruling of native title issues decision
681 Minister may overrule native title issues decision . . . . . . . . . . . . . . 210
682 Effect of overruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Subdivision 7--Special provisions about completion of combined
hearing and making of native titles issues decision
683 Giving of urgency notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
684 Minister's decision if tribunal recommendation delayed . . . . . . . . . 212
685 Consultation before Minister's decision . . . . . . . . . . . . . . . . . . . . . . . 213
686 Minister's decisions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Subdivision 8--Miscellaneous matters about grant
687 Contract conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
688 Notice of grant to registered native title parties . . . . . . . . . . . . . . . . 216
Division 5--Renewals of mining leases
689 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
690 Requirements for renewal--applying div 2 . . . . . . . . . . . . . . . . . . . . 219
691 Applying div 2 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
692 Requirements for renewal--applying div 3 . . . . . . . . . . . . . . . . . . . . 220
693 Applying div 3 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
694 Requirements for renewal--applying div 4 . . . . . . . . . . . . . . . . . . . . 221
695 Applying div 4 for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Division 6--Requirements for subsidiary approvals
696 Meaning of "approval" in div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
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Native Title (Queensland) State Provisions
Amendment
697 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
698 Requirements for approval (additional area)--applying div 3 . . . . . 226
699 Requirements for approval (additional area)--applying div 4 . . . . . 226
700 Requirements for approval (other changes)--applying div 2 . . . . . . 226
701 Applying div 2 for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
702 Requirements for approval (other changes)--applying div 3 . . . . . . 227
703 Applying div 3 for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
704 Requirements for approval (other changes)--applying div 4 . . . . . . 229
705 Applying div 4 for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
PART 18--COMPENSATION PROVISIONS
Division 1--Preliminary
706 Definitions for pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Division 2--General principles
707 Native title compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
708 Agreement for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
709 Application for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
710 Compensation provided in non-monetary form . . . . . . . . . . . . . . . . . 234
711 Conditions of agreement or compensation decision . . . . . . . . . . . . . 235
712 Compensation trust decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
713 State's right to be heard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Division 3--Payment of compensation in particular circumstances
714 Compensation before relevant act relating to mining claim
or mining lease if registered native title body corporate . . . . . . . . . 236
715 Compensation before relevant act relating to mining claim
or mining lease if registered native title claimant . . . . . . . . . . . . . . 237
716 Compensation after relevant act relating to mining claim
or mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
717 Compensation after relevant act relating to other mining
tenement if registered native title body corporate . . . . . . . . . . . . . . 239
718 Compensation after relevant act relating to other mining
tenement if registered native title claimant . . . . . . . . . . . . . . . . . . . 239
719 Compensation found to be payable after agreement for
compensation concluded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
720 Repayment of amount held in trust for compensation . . . . . . . . . . . 240
17
Native Title (Queensland) State Provisions
Amendment
721 Dealing with amount held in trust for
compensation--determination of native title . . . . . . . . . . . . . . . . . . 241
722 Dealing with amount held in trust for compensation-no
applicable provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
10 Replacement of pt 12 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
PART 19--TRANSITIONAL PROVISIONS
Division 1--Transitional provisions for Act No. 27 of 1998
11 Renumbering of ss 419 and 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
12 Insertion of new pt 19, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Division 2--Transitional provisions for Act No. 38 of 1998
725 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
726 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
727 Giving advice of notification commencement day . . . . . . . . . . . . . . 244
728 Existing prospecting permit applications . . . . . . . . . . . . . . . . . . . . . . 245
729 Existing mining claim applications . . . . . . . . . . . . . . . . . . . . . . . . . . 245
730 Existing exploration permit applications . . . . . . . . . . . . . . . . . . . . . . 246
731 Existing mineral development licence applications . . . . . . . . . . . . . 248
732 Existing mining lease applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
733 Existing applications for certain approvals . . . . . . . . . . . . . . . . . . . . 250
734 Separate hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
1999
A BILL
FOR
An Act to amend the Fossicking Act 1994, the Land and Resources
Tribunal Act 1999, the Mineral Resources Act 1989, and the Native
Title (Queensland) State Provisions Amendment Act (No. 2) 1998
s1 20 s4
Native Title (Queensland) State Provisions
Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Native Title (Queensland) State 4
Provisions Amendment Act 1999. 5
6
Commencement
Clause 2. Parts 3 to 6 commence on a day to fixed by proclamation. 7
ART 2--AMENDMENT OF FOSSICKING ACT 1994 8
P
amended in pt 2 9
Act
Clause 3. This part amends the Fossicking Act 1994. 10
of s 11 (Act's application if approved determination of 11
Amendment
native title) 12
Clause 4. Section 11(2)(b)-- 13
omit, insert-- 14
`(b) the agreement includes statements to the effect that-- 15
(i) the parties to the agreement consent, with or without stated 16
conditions, to fossicking over the land or waters; and 17
(ii) the Native Title Act 1993 (Cwlth), part 2, division 3, 18
subdivision P, is not intended to apply to fossicking over the 19
land or waters.'. 20
s5 21 s8
Native Title (Queensland) State Provisions
Amendment
ART 3--AMENDMENT OF LAND AND RESOURCES 1
P
TRIBUNAL ACT 1999 2
amended in pt 3 3
Act
Clause 5. This part amends the Land and Resources Tribunal Act 1999. 4
of s 26 (Limitation on ownership of mining tenures) 5
Amendment
Clause 6.(1) Section 26, heading, `tenures'-- 6
omit, insert-- 7
`tenements'. 8
(2) Section 26(1) and (2), `tenure' 9
omit, insert-- 10
`tenement'. 11
of s 41 (Way in which questions are to be decided) 12
Amendment
Clause 7. Section 41-- 13
insert-- 14
`(5) Subsections (2) to (4) have effect subject to any requirement in 15
section 42 for the presiding member or presiding members included in an 16
NNTT panel to allow the NNTT member to participate in the making of a 17
decision.'. 18
of new s 51A 19
Insertion
Clause 8. After section 51-- 20
insert-- 21
under Commonwealth Native Title Act 22
`Jurisdiction
`51A.(1) This section applies if, under the Commonwealth Native Title 23
Act-- 24
s9 22 s9
Native Title (Queensland) State Provisions
Amendment
(a) a claimant or body corporate objects to the doing of an act; and 1
(b) the State is required to ensure that the objection to the doing of the 2
act is heard by an independent person or body. 3
`(2) The tribunal has jurisdiction to hear the objection.'. 4
of sch 1 (Requirements for constituting tribunal) 5
Amendment
Clause 9.(1) Schedule 1, `452'-- 6
omit, insert-- 7
`454'. 8
(2) Schedule 1, `497'-- 9
omit, insert-- 10
`512'. 11
(3) Schedule 1, `544'-- 12
omit, insert-- 13
`568'. 14
(4) Schedule 1, `578'-- 15
omit, insert-- 16
`609'. 17
(5) Schedule 1, table appearing under the heading `MINERAL 18
RESOURCES ACT 1989', section of table headed `Compensation'-- 19
omit, insert-- 20
`Mining leases under part 17, division 3 or 4 and other mining 21
tenements to which part 17, division 3 or 4 is applied 22
634 native title issues panel
decision
669 native title issues panel
decision
s 10 23 s 10
Native Title (Queensland) State Provisions
Amendment
Compensation 1
part 18 decision about panel'.
compensation
(6) Schedule 1, section of schedule headed `General', section 1(1), 2
`tenure'-- 3
omit, insert-- 4
`tenement'. 5
of sch 2 (Negotiated agreements) 6
Amendment
Clause 10.(1) Schedule 2, `The following agreements'-- 7
omit, insert-- 8
`1. The following agreements'. 9
(2) Schedule 2, second dot point, `495'-- 10
omit, insert-- 11
`510'. 12
(3) Schedule 2, second dot point,`496'-- 13
omit, insert-- 14
`511'. 15
(4) Schedule 2, third dot point,`542'-- 16
omit, insert-- 17
`566'. 18
(5) Schedule 2, third dot point,`543'-- 19
omit, insert-- 20
`567'. 21
(6) Schedule 2, last dot point-- 22
omit, insert-- 23
`· an agreement about payment of compensation mentioned in 24
part 18 (Compensation provisions). 25
s 11 24 s 13
Native Title (Queensland) State Provisions
Amendment
2. A reference in item 1 to a provision of the Mineral Resources Act 1989 1
includes a reference to the provision as applied by another provision, or 2
other provisions, of the native title (mining) provisions.'. 3
of sch 4 (Dictionary) 4
Amendment
Clause 11.(1) Schedule 4, definition "mining tenure", `tenure'-- 5
omit, insert-- 6
`tenement'. 7
(2) Schedule 4, definition "native title (mining) provisions", 8
after `18'-- 9
omit, insert-- 10
`and part 19, division 2'. 11
(3) Schedule 4, definition "non-native title (mining) provisions", 12
after `18'-- 13
omit, insert-- 14
`and part 19, division 2'. 15
ART 4--AMENDMENT OF MINERAL RESOURCES 16
P
ACT 1989 17
amended in pt 4 18
Act
Clause 12. This part amends the Mineral Resources Act 1989. 19
of s 5 (Definitions) 20
Amendment
Clause 13.(1) Section 5, definition "prospect"-- 21
omit. 22
s 14 25 s 15
Native Title (Queensland) State Provisions
Amendment
(2) Section 5-- 1
insert-- 2
` "approved form" see section 416A. 3
"prospect" see section 6B.'. 4
of new s 6B 5
Insertion
Clause 14. After section 6A-- 6
insert-- 7
of "prospect" 8
`Meaning
`6B.(1) "Prospect" means take action to find out about the existence, 9
quality or quantity of minerals on, in or under land by-- 10
(a) using a metal detector or a similar hand held instrument; or 11
(b) sampling using only hand held implements, including, for 12
example, hammers, hand augers, panning dishes, picks, shakers 13
shovels, sieves. 14
`(2) However, "prospect" does not include taking action that is-- 15
(a) hand mining; or 16
(b) the removal of minerals for their sale.'. 17
of new s 10A 18
Insertion
Clause 15. Part 1-- 19
insert-- 20
of certain entitlements to registered native title bodies 21
`Extension
corporate and registered native title claimants 22
`10A.(1) To the extent that a provision of part 3, other than section 19(1) 23
or 34, applies to a prospecting permit granted only for pegging purposes, a 24
reference in the provision to the owner of land is taken to include a reference 25
to any registered native title body corporate under the Commonwealth 26
Native Title Act in relation to any of the land. 27
s 16 26 s 18
Native Title (Queensland) State Provisions
Amendment
`(2) To the extent that section 31 applies to a prospecting permit granted 1
other than only for pegging purposes, a reference in the section to the owner 2
of land is taken to include a reference to any registered native title body 3
corporate or registered native title claimant under the Commonwealth Native 4
Title Act in relation to any of the land. 5
`(3) In sections 34, 96(10), 125, 169, 198(9), 217, 231(6), 300(11) and 6
317, a reference to the owner of land is taken to include a reference to any 7
registered native title body corporate or registered native title claimant under 8
the Commonwealth Native Title Act in relation to any of the land. 9
`(4) In this section-- 10
"pegging purposes", in relation to a prospecting permit, means purposes 11
necessary to enable the holder of the permit to apply for a mining claim 12
or mining lease over the land for which the permit is granted.'. 13
of s 24 (Grant of prospecting permit) 14
Amendment
Clause 16. Section 24(1)(a), after `part'-- 15
insert-- 16
`, and otherwise complied with the requirements of this Act'. 17
of s 25 (Conditions of prospecting permit) 18
Amendment
Clause 17. Section 25-- 19
insert-- 20
`(6) If a prospecting permit is subject to a condition imposed under 21
section 433,1 the condition is taken to be a condition of the permit of which 22
notice has been served on the holder.'. 23
of new s 25A 24
Insertion
Clause 18. After section 25-- 25
insert-- 26
1 Section 433 (Requirement to consult)
s 19 27 s 20
Native Title (Queensland) State Provisions
Amendment
land use agreement conditions 1
`Indigenous
`25A.(1) This section applies if-- 2
(a) an indigenous land use agreement under the Commonwealth 3
Native Title Act provides for the granting of a prospecting permit; 4
and 5
(b) the State is a party to the agreement; and 6
(c) the agreement includes a requirement that, if the prospecting 7
permit is granted, it must be granted subject to conditions stated in 8
the agreement (the "stated conditions"); and 9
(d) the prospecting permit is granted. 10
`(2) The prospecting permit is subject to the stated conditions. 11
`(3) The stated conditions are taken to be conditions of the permit of 12
which notice has been served on the holder of the prospecting permit.'. 13
of s 74 (Grant of mining claim to which no objection is 14
Amendment
lodged) 15
Clause 19. Section 74(2)(a), after `part'-- 16
insert-- 17
`and the requirements of this Act have otherwise been complied with'. 18
of new ss 81A and 81B 19
Insertion
Clause 20. After section 81-- 20
insert-- 21
and negotiated agreement conditions 22
`Consultation
`81A.(1) This section applies if-- 23
(a) a consultation agreement under part 14, division 2, or a negotiated 24
agreement under part 17, division 3 or 4, provides for the grant, 25
renewal or variation of, or another act concerning, a mining claim; 26
and 27
s 21 28 s 21
Native Title (Queensland) State Provisions
Amendment
(b) the agreement includes conditions to be complied with by 1 or 1
more of the parties to the agreement; and 2
(c) the mining registrar consents to the mining claim being subject to 3
1 or more of the conditions (the "consent conditions"); and 4
(d) the act is done. 5
`(2) The mining claim is subject to the consent conditions. 6
agreement conditions 7
`Other
`81B.(1) This section applies if-- 8
(a) an indigenous land use agreement under the Commonwealth 9
Native Title Act, or an agreement mentioned in section 31(1)(b) 10
of the Commonwealth Native Title Act, provides for the grant, 11
renewal or variation of, or another act concerning, a mining claim; 12
and 13
(b) the State is a party to the agreement; and 14
(c) the agreement includes a requirement that, if the act is done, the 15
mining claim must be subject to conditions stated in the 16
agreement (the "stateed conditions"); and 17
(d) the act is done. 18
`(2) The mining claim is subject to the stated conditions.'. 19
of s 82 (Variation of conditions of mining claim) 20
Amendment
Clause 21.(1) Section 82-- 21
insert-- 22
`(2) However, the mining registrar must not vary a condition of a mining 23
claim if-- 24
(a) the condition was decided or recommended by the tribunal under 25
the native title provisions; or 26
s 22 29 s 24
Native Title (Queensland) State Provisions
Amendment
(b) the mining claim is a surface alluvium (gold or tin) mining claim 1
under part 14, division 2, but after the variation, the mining claim 2
would no longer be a surface alluvium (gold or tin) mining 3
claim.'. 4
(2) Section 82(2) and (3)-- 5
renumber as section 82 (3) and (4). 6
of s 91 (Initial term of mining claim) 7
Amendment
Clause 22. Section 91(1), `5 years'-- 8
omit, insert-- 9
`10 years'. 10
of s 93 (Renewal of mining claim) 11
Amendment
Clause 23.(1) Section 93(3), `shall grant'-- 12
omit, insert-- 13
`must, subject to part 14, division 5, grant'. 14
(2) Section 93(3), `5 years'-- 15
omit, insert-- 16
`10 years'. 17
of s 137 (Grant of exploration permit) 18
Amendment
Clause 24. Section 137(1)(a), after `with'-- 19
insert-- 20
`and that the requirements of this Act have otherwise been complied 21
with'. 22
s 25 30 s 25
Native Title (Queensland) State Provisions
Amendment
of new ss 141A-141C 1
Insertion
Clause 25. After section 141-- 2
insert-- 3
and negotiated agreement conditions 4
`Consultation
`141A.(1) This section applies if-- 5
(a) an agreement under section 510 or 511,2 or a negotiated 6
agreement under part 17, division 4,3 provides for the grant, 7
renewal or variation of, or another act concerning, an exploration 8
permit; and 9
(b) the agreement includes conditions to be complied with by 1 or 10
more of the parties to the agreement; and 11
(c) the Minister consents to the exploration permit being subject to 1 12
or more of the conditions (the "consent conditions"); and 13
(d) the act is done. 14
`(2) The exploration permit is subject to the consent conditions. 15
agreement conditions 16
`Other
`141B.(1) This section applies if-- 17
(a) an indigenous land use agreement under the Commonwealth 18
Native Title Act, or an agreement mentioned in section 31(1)(b) 19
of the Commonwealth Native Title Act, provides for the grant, 20
renewal or variation of, or another act concerning, an exploration 21
permit; and 22
(b) the State is a party to the agreement; and 23
(c) the agreement includes a requirement that, if the act is done, the 24
exploration permit must be subject to conditions stated in the 25
agreement (the "stated conditions"); and 26
2 Section 510 (Agreement with or without conditions) or 511 (Agreement with
conditions)
3 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas)
s 26 31 s 26
Native Title (Queensland) State Provisions
Amendment
(d) the act is done. 1
`(2) The exploration permit is subject to the stated conditions. 2
to vary conditions of existing permit 3
`Application
`141C.(1) The holder of an exploration permit (the "existing permit") 4
may apply to the Minister for a variation of the conditions of the existing 5
permit. 6
`(2) The provisions of this part apply, with necessary changes, to an 7
application under subsection (1) as if it were an application under 8
section 133.4 9
`(3) Without limiting subsection (2), in deciding the application, the 10
Minister may-- 11
(a) vary the conditions of the existing permit by imposing conditions 12
under section 141(1)(k) 5 in addition to any conditions that apply 13
under the existing permit; and 14
(b) fix an amount of security to be deposited under section 144 6 in 15
addition to any security for the existing permit. 16
`(4) On the granting of the application, the varied conditions, including 17
imposed conditions mentioned in subsection (3)(a), are included in the 18
existing permit.'. 19
of s 144 (Provision of security) 20
Amendment
Clause 26.(1) Section 144(1), after `renewed'-- 21
insert-- 22
`or a condition of the permit is varied'. 23
(2) Section 144(4)-- 24
omit, insert-- 25
4 Section 133 (Application for exploration permit)
5 Section 141 (Conditions of exploration permit)
6 Section 144 (Provision of security)
s 27 32 s 28
Native Title (Queensland) State Provisions
Amendment
`(4) An exploration permit must not be granted or renewed, and a 1
condition of an exploration permit must not be varied, until the applicant for 2
the grant, renewal or variation deposits the security decided under this 3
section.'. 4
of s 147 (Renewal of exploration permit) 5
Amendment
Clause 27. Section 147(1), from `such that' to `subsequent terms'-- 6
omit, insert-- 7
`that'. 8
of new s 176A 9
Insertion
Clause 28. After section 176-- 10
insert-- 11
to add excluded land to existing permit 12
`Application
`176A.(1) The holder of an exploration permit (the "existing permit") 13
may apply to the Minister to add excluded land to the existing permit. 14
`(2) The provisions of this part apply, with necessary changes, to an 15
application under subsection (1) as if it were an application under 16
section 133.7 17
`(3) Without limiting subsection (2), in deciding the application, the 18
Minister may-- 19
(a) impose conditions under section 141(1)(k) 8 in addition to any 20
conditions that apply under the existing permit; and 21
(b) fix an amount of security to be deposited under section 144 9 in 22
addition to any security for the existing permit. 23
7 Section 133 (Application for exploration permit)
8 Section 141 (Conditions of exploration permit)
9 Section 144 (Provision of security)
s 29 33 s 31
Native Title (Queensland) State Provisions
Amendment
`(4) On the granting of the application, the excluded land is included in 1
the existing permit. 2
`(5) In this section-- 3
"excluded land" means land that was the subject of a specific exclusion 4
when the existing permit was granted.'. 5
of s 182 (Land is excluded from mineral development 6
Amendment
licence if covered by other authority under Act) 7
Clause 29.(1) Section 182(1)(a), `chief executive'-- 8
omit, insert-- 9
`mining registrar'. 10
(2) Section 182(4), after `licence' (second mention)-- 11
insert-- 12
`unless the mineral development licence provides otherwise'. 13
of s 183 (Application for mineral development licence) 14
Amendment
Clause 30.(1) Section 183(h) and (i), `chief executive'-- 15
omit, insert-- 16
`mining registrar'. 17
(2) Section 183(l)-- 18
omit, insert-- 19
`(l) be lodged with the mining registrar; and'. 20
of s 184 (Description of mineral development licence) 21
Amendment
Clause 31. Section 184, `chief executive'-- 22
omit, insert-- 23
`mining registrar'. 24
s 32 34 s 35
Native Title (Queensland) State Provisions
Amendment
of s 189 (Abandonment of application for mineral 1
Amendment
development licence) 2
Clause 32. Section 189(1) and (2), `chief executive'-- 3
omit, insert-- 4
`mining registrar'. 5
of s 190 (Provision of security) 6
Amendment
Clause 33.(1) Section 190(1), after `renewed'-- 7
insert-- 8
`or a condition of the licence is varied'. 9
(2) Section 190(2)-- 10
omit, insert-- 11
`(2) A mineral development licence must not be granted or renewed, and 12
a condition of a mineral development licence must not be varied, until the 13
applicant for the grant, renewal or variation deposits the security decided 14
under this section.'. 15
(3) Section 190(7), `chief executive'-- 16
omit, insert-- 17
`mining registrar'. 18
of s 192 (Initial term of mineral development licence) 19
Amendment
Clause 34. Section 192(1), `in exceptional circumstances'-- 20
omit. 21
of new ss 194AA--194AC 22
Insertion
Clause 35. After section 194-- 23
insert-- 24
s 35 35 s 35
Native Title (Queensland) State Provisions
Amendment
and negotiated agreement conditions 1
`Consultation
`194AA.(1) This section applies if-- 2
(a) an agreement under section 566 or 567,10 or a negotiated 3
agreement under part 17, division 4,11 provides for the grant, 4
renewal or variation of, or another act concerning, a mineral 5
development licence; and 6
(b) the agreement includes conditions to be complied with by 1 or 7
more of the parties to the agreement; and 8
(c) the Minister consents to the mineral development licence being 9
subject to 1 or more of the conditions (the "consent 10
conditions"); and 11
(d) the act is done. 12
`(2) The mineral development licence is subject to the consent conditions. 13
agreement conditions 14
`Other
`194AB.(1) This section applies if-- 15
(a) an indigenous land use agreement under the Commonwealth 16
Native Title Act, or an agreement mentioned in section 31(1)(b) 17
of the Commonwealth Native Title Act, provides for the grant, 18
renewal or variation of, or another act concerning, a mineral 19
development licence; and 20
(b) the State is a party to the agreement; and 21
(c) the agreement includes a requirement that, if the act is done, the 22
mineral development licence must be subject to conditions stated 23
in the agreement (the "stated conditions"); and 24
(d) the act is done. 25
`(2) The mineral development licence is subject to the stated conditions. 26
10 Section 566 (Agreement with or without conditions) or 567 (Agreement with
conditions)
11 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas)
s 36 36 s 37
Native Title (Queensland) State Provisions
Amendment
to vary conditions of existing licence 1
`Application
`194AC.(1) The holder of a mineral development licence (the "existing 2
licence") may apply to the Minister for a variation of the conditions of the 3
existing licence. 4
`(2) The provisions of this part apply, with necessary changes, to an 5
application under subsection (1) as if it were an application under 6
section 183.12 7
`(3) Without limiting subsection (2), in deciding the application, the 8
Minister may-- 9
(a) vary the conditions of the existing licence by imposing conditions 10
under section 194(1)(k)13 in addition to any conditions that apply 11
under the existing licence; and 12
(b) fix an amount of security to be deposited under section 19014 in 13
addition to any security for the existing licence. 14
`(4) On the granting of the application, the varied conditions, including 15
imposed conditions mentioned in subsection (3)(a), are included in the 16
existing licence.'. 17
of s 197 (Renewal of mineral development licence) 18
Amendment
Clause 36. Section 197(3), `in exceptional circumstances'-- 19
omit. 20
of s 208 (Adding other minerals to licence) 21
Amendment
Clause 37. Section 208(1), `chief executive'-- 22
omit, insert-- 23
`mining registrar'. 24
12 Section 183 (Application for mineral development licence)
13 Section 194 (Conditions of mineral development licence)
14 Section 190 (Provision of security)
s 38 37 s 39
Native Title (Queensland) State Provisions
Amendment
of new s 226AA 1
Insertion
Clause 38. After section 226-- 2
insert-- 3
to add excluded land to existing licence 4
`Application
`226AA.(1) The holder of a mineral development licence (the "existing 5
licence") may apply to the Minister to add excluded land to the existing 6
licence. 7
`(2) The provisions of this part apply, with necessary changes, to an 8
application under subsection (1) as if it were an application under 9
section 183.15 10
`(3) Without limiting subsection (2), in deciding the application, the 11
Minister may-- 12
(a) impose conditions under section 194(1)(k) 16 in addition to any 13
conditions that apply under the existing licence; and 14
(b) fix an amount of security to be deposited under section 19017 in 15
addition to any security for the existing licence. 16
`(4) On the granting of the application, the excluded land is included in 17
the existing licence. 18
`(5) In this section-- 19
"excluded land" means land that was the subject of a specific exclusion 20
when the existing licence was granted.'. 21
of s 230 (Plant remaining on former mineral development 22
Amendment
licence may be sold etc.) 23
Clause 39. Section 230(1), `chief executive'-- 24
omit, insert-- 25
`mining registrar'. 26
15 Section 133 (Application for mineral development licence)
16 Section 141 (Conditions of mineral development licence)
17 Section 190 (Provision of security)
s 40 38 s 41
Native Title (Queensland) State Provisions
Amendment
of s 271 (Minister to consider recommendation made in 1
Amendment
respect of application for grant of mining lease) 2
Clause 40. Section 271(1), after `section 269(4)'-- 3
insert-- 4
`, 610, any native title issues decision of the tribunal under part 17, 5
division 3 or 4 or any substituted decision made by the Minister under part 6
17, division 3 or 4 in overruling the tribunal's native title issues decision,'. 7
of new ss 276A and 276B 8
Insertion
Clause 41. After section 276-- 9
insert-- 10
and negotiated agreement conditions 11
`Consultation
`276A.(1) This section applies if-- 12
(a) a consultation agreement under part 17, division 2, or a negotiated 13
agreement under part 17, division 3 or 4,18 provides for the grant, 14
renewal or variation of, or another act concerning, a mining lease; 15
and 16
(b) the agreement includes conditions to be complied with by 1 or 17
more of the parties to the agreement; and 18
(c) the Minister consents to the mining lease being subject to 1 or 19
more of the conditions (the "consent conditions"); and 20
(d) the act is done. 21
`(2) The mining lease is subject to the consent conditions. 22
agreement conditions 23
`Other
`276B.(1) This section applies if-- 24
18 Part 17 (Native title provisions for mining leases), divisions 3 (Other mining
leases on alternative provision areas) and 4 (Other mining leases not on
alternative provision areas)
s 42 39 s 43
Native Title (Queensland) State Provisions
Amendment
(a) an indigenous land use agreement under the Commonwealth 1
Native Title Act, or an agreement mentioned in section 31(1)(b) 2
of the Commonwealth Native Title Act, provides for the grant, 3
renewal or variation of, or another act concerning, a mining lease; 4
and 5
(b) the State is a party to the agreement; and 6
(c) the agreement includes a requirement that, if the act is done, the 7
mining lease must be subject to conditions stated in the agreement 8
(the "stated conditions"); and 9
(d) the act is done. 10
`(2) The mining lease is subject to the stated conditions.'. 11
of s 286 (Renewal of mining lease) 12
Amendment
Clause 42. Section 286(3), `shall recommend'-- 13
omit, insert-- 14
`must, subject to part 17, division 5, recommend'. 15
of s 294 (Variation of conditions of mining lease) 16
Amendment
Clause 43.(1) Section 294-- 17
insert-- 18
`(2) However, the Governor in Council must not vary a condition of a 19
mining lease if-- 20
(a) the mining lease is a surface alluvium (gold or tin) mining lease 21
under part 17, division 2;19 and 22
(b) the variation were to be made, the mining lease would no longer 23
be a surface alluvium (gold or tin) mining lease.'. 24
19 Part 17 (Native title provisions for mining leases), division 2 (Surface alluvium
(gold or tin) mining leases)
s 44 40 s 46
Native Title (Queensland) State Provisions
Amendment
(2) Section 294(2) and (3)-- 1
renumber as section 294 (3) and (4). 2
of s 315 (Approval of additional activities upon mining 3
Amendment
lease application) 4
Clause 44.(1) Section 315(9), `subsection (1)'-- 5
omit, insert-- 6
`subsection (2)'. 7
(2) Section 315-- 8
insert-- 9
`(11) The Minister must not grant an approval under this section for the 10
entry of non-exclusive land under the native title provisions.'. 11
of s 412 (Offences and recovery of penalties etc.) 12
Amendment
Clause 45. Section 412(1), after `this Act', first mention-- 13
insert-- 14
`, other than a provision of the native title provisions,'. 15
of new s 416A 16
Insertion
Clause 46. After section 416-- 17
insert-- 18
of forms 19
`Approval
`416A. The chief executive may approve forms for use under this Act.'. 20
s 47 41 s 50
Native Title (Queensland) State Provisions
Amendment
ART 5--AMENDMENT OF NATIVE TITLE 1
P
(QUEENSLAND) ACT 1993 2
amended in pt 5 3
Act
Clause 47. This part amends the Native Title (Queensland) Act 1993. 4
of s 7 (Object of part) 5
Amendment
Clause 48. Section 7-- 6
insert-- 7
`(2) The object of this part is also to validate, under section 24EBA(3)20 8
of the Commonwealth Native Title Act, certain future acts.'. 9
of s 9 (Application of remaining provisions of part) 10
Amendment
Clause 49. Section 9, after `of this part'-- 11
insert-- 12
`, other than division 4,'. 13
of new div 4 14
Insertion
Clause 50. Part 2, after section 15-- 15
insert-- 16
4--Validation of certain future acts 17
`Division
of registration on previous acts covered by indigenous land use 18
`Effect
agreements (NTA, s 24EBA(1) and (3)) 19
`15A.(1) This section applies if-- 20
20 Section 24EBA (Effect of registration on previous acts covered by indigenous
land use agreements) of the Commonwealth Native Title Act
s 51 42 s 51
Native Title (Queensland) State Provisions
Amendment
(a) details are on the Register of Indigenous Land Use Agreements of 1
an agreement that includes a statement to the effect that the parties 2
agree to-- 3
(i) the validating of a particular future act (other than an 4
intermediate period act), or future acts (other than 5
intermediate period acts) included in classes, that have 6
already been done invalidly; or 7
(ii) the validating, subject to conditions, of a particular future act 8
(other than an intermediate period act), or of future acts 9
(other than intermediate period acts) included in classes, that 10
have already been done invalidly; and 11
(b) the future act or class of acts is attributable to the State; and 12
(c) the State is a party to the agreement; and 13
(d) if, under the agreement or otherwise, a person other than the 14
Crown in right of the Commonwealth, a State or a Territory is or 15
may become liable to pay compensation in relation to the act or 16
class of acts--that person is a party to the agreement. 17
`(2) If this section applies in relation to a future act, the act is valid, and is 18
taken always to have been valid. 19
`(3) If this section applies in relation to a class of future acts, all acts 20
included in the class are valid, and are taken always to have been valid.'. 21
ART 6--AMENDMENT OF NATIVE TITLE 22
P
(QUEENSLAND) STATE PROVISIONS AMENDMENT 23
ACT (No. 2) 1998 24
amended in pt 6 25
Act
Clause 51. This part amends the Native Title (Queensland) State Provisions 26
Amendment Act (No. 2) 1998. 27
s 52 43 s 54
Native Title (Queensland) State Provisions
Amendment
of s 2 (Commencement) 1
Amendment
Clause 52. Section 2-- 2
insert-- 3
`(2) The Acts Interpretation Act 1954, section 15DA21 does not apply to 4
this Act.'. 5
of s 7 (Amendment of s 5 (Definitions)) 6
Amendment
Clause 53. Section 7, inserted definition "native title provisions"-- 7
insert-- 8
`· part 19, division 2.'. 9
of ss 9-12 10
Replacement
Clause 54. Sections 9 to 12-- 11
omit, insert-- 12
of new pts 12-18 13
`Insertion
`9. After section 418-- 14
insert-- 15
`PART 12--INTRODUCTION TO NATIVE TITLE 16
PROVISIONS 17
of native title provisions 18
`Application
`419.(1) The native title provisions state additional requirements that 19
apply for certain grants, renewals and variations of, and certain other acts 20
concerning, mining tenements, including requirements for compensation, if 21
the grants, renewals, variations and other acts concern non-exclusive land. 22
21 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s 54 44 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) Whether or not the additional requirements apply for particular acts 1
concerning mining tenements, and the extent to which the additional 2
requirements apply, may be determined from individual application 3
provisions located in parts 13 to 18, and part 19, division 2. 4
`(3) However, no additional requirements under parts 13 to 18, and 5
part 19, division 2 apply to an act if a notice under section 2922 of the 6
Commonwealth Native Title Act in relation to the act, required to be given 7
as part of complying with the right to negotiate provisions, was given before 8
the commencement of this section. 9
`(4) Nothing in parts 12 to 18 limits the operation of section 26D of the 10
Commonwealth Native Title Act in relation to an act mentioned in the 11
section. 12
of certain agreed acts from pts 13 to 17 13
`Exclusion
`420. Parts 13 to 17 do not apply to an act that is the grant of a 14
prospecting permit, or the grant, renewal or variation of, or another act 15
concerning, a mining claim, exploration permit, mineral development 16
licence or mining lease if-- 17
(a) there is an indigenous land use agreement registered on the 18
register of indigenous land use agreements; and 19
(b) the agreement includes statements to the effect that-- 20
(i) the parties to the agreement consent, with or without stated 21
conditions, to the doing of the act; and 22
(ii) the right to negotiate provisions are not intended to apply to 23
the act. 24
of failure to comply with native title provisions 25
`Effect
`421. An act to which the native title provisions apply is invalid to the 26
extent that it affects native title unless-- 27
22 Section 29 (Notification of parties affected) of the Commonwealth Native Title
Act
s 54 45 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the procedures of the native title provisions that are required to be 1
complied with by the State before the act is done are complied 2
with by the State, to the extent that the State is a party to any 3
consultation or negotiation about the doing of the act; and 4
(b) the procedures of the native title provisions that are required to be 5
complied with by the applicant for the doing of the act before the 6
act is done are complied with by the applicant. 7
for native title provisions 8
`Definitions
`422. In the native title provisions-- 9
"alternative provision area" means an alternative provision area under 10
section 43A(2) of the Commonwealth Native Title Act. 11
"applicant", for a proposed mining tenement, includes a person who 12
intends to apply for the proposed mining tenement. 13
"approved opal or gem mining area" means an area of land that is-- 14
(a) an approved opal or gem mining area determined in writing by 15
the Commonwealth Minister under section 26C23 of the 16
Commonwealth Native Title Act; and 17
(b) prescribed under a regulation. 18
"decision" includes the following-- 19
(a) a determination; 20
(b) a recommendation made by the Minister or the tribunal and any 21
thing done by the Minister or the tribunal for the making of a 22
recommendation. 23
"mining tenement" means a prospecting permit, mining claim, exploration 24
permit, mineral development licence or mining lease. 25
"native title notification party", for land, means an entity that is-- 26
(a) a registered native title body corporate in relation to any of the 27
land; or 28
23 Section 26C (Excluded opal or gem mining) of the Commonwealth Native Title
Act
s 54 46 s 54
Native Title (Queensland) State Provisions
Amendment
(b) a registered native title claimant in relation to any of the land; or 1
(c) a representative Aboriginal/Torres Strait Islander body for an area 2
that includes any of the land. 3
"non-exclusive land" means land over which native title has not been 4
extinguished, but only to the extent that the land is a place mentioned in 5
section 26(3)24 of the Commonwealth Native Title Act. 6
"registered native title rights and interests" means-- 7
(a) in relation to a registered native title claimant--the native title 8
rights and interests described in the relevant entry on the Register 9
of Native Title Claims; and 10
(b) in relation to a registered native title body corporate--the native 11
title rights and interests described in the relevant entry on the 12
National Native Title Register established and maintained under 13
part 8 of the Commonwealth Native Title Act. 14
"relevant special interest publication", for a proposed mining tenement, 15
means a newspaper or magazine that-- 16
(a) caters mainly or exclusively for the interests of Aboriginal 17
peoples or Torres Strait Islanders; and 18
(b) circulates in the geographical area that may be affected by the 19
proposed mining tenement or, if the area is an offshore place, the 20
geographical area closest to it; and 21
(c) is published at least once a month. 22
"right to negotiate provisions" means part 2, division 3, subdivision P25 23
of the Commonwealth Native Title Act. 24
24 Section 26(3) (When Subdivision applies - Seas and intertidal zone excluded) of
the Commonwealth Native Title Act
25 Part 2 (Native Title), division 3 (Future acts etc. and native title), subdivision P
(Right to negotiate) of the Commonwealth Native Title Act
s 54 47 s 54
Native Title (Queensland) State Provisions
Amendment
provisions for interpretation of native title provisions 1
`Other
`423.(1) Words and expressions used in the Commonwealth Native Title 2
Act and the native title provisions have the same meaning in the native title 3
provisions as they have in the Commonwealth Native Title Act. 4
`(2) Subsection (1) applies except so far as the context or subject matter 5
otherwise indicates or requires. 6
`(3) However, subsection (1) does not apply to a word or expression 7
defined in section 5.26 8
`(4) Without limiting subsection (3), a reference in the native title 9
provisions to land, or to land or waters, is a reference to land as defined in 10
section 5. 11
of Judicial Review Act 12
`Application
`424.(1) This section applies to an act to which the alternative provisions 13
apply. 14
`(2) To ensure compliance with section 43A(4)(f) of the Commonwealth 15
Native Title Act, it is declared that the decision to do the act is a decision to 16
which the Judicial Review Act 1991 applies. 17
`(3) Subsection (2) does not limit the Judicial Review Act 1991. 18
`(4) In this section-- 19
"alternative provisions" means laws of Queensland that, under a 20
determination of the Commonwealth Minister made under section 43A 21
of the Commonwealth Native Title Act, have effect instead of the right 22
to negotiate provisions. 23
26 Section 5 (Definitions)
s 54 48 s 54
Native Title (Queensland) State Provisions
Amendment
`PART 13--NATIVE TITLE PROVISIONS FOR 1
PROSPECTING PERMITS 2
`Division 1--Preliminary 3
of pt 13 4
`Purpose
`425. The purpose of this part is-- 5
(a) to state additional requirements that apply for-- 6
(i) the granting of a prospecting permit under part 3 if the 7
permit is a proposed low impact prospecting permit over 8
non-exclusive land; and 9
(ii) the exercise of the entitlement, under a low impact 10
prospecting permit, to enter non-exclusive land; and 11
(b) in stating the additional requirements, to provide a basis for a 12
determination by the Commonwealth Minister under 13
section 26A27 of the Commonwealth Native Title Act. 14
of pt 13 15
`Application
`426.(1) This part applies to the granting of a prospecting permit if-- 16
(a) the permit is a low impact prospecting permit; and 17
(b) the granting of the permit is an act-- 18
(i) that affects native title rights and interests; and 19
(ii) to which the right to negotiate provisions would have 20
otherwise applied; and 21
(iii) that is an approved exploration etc. act under a determination 22
in force under section 26A(1) of the Commonwealth Native 23
Title Act. 24
27 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 49 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) However, this part applies to the granting of the prospecting 1
permit-- 2
(a) only to the extent that the prospecting permit relates to a place that 3
is on the landward side of the mean high-water mark of the sea; 4
and 5
(b) only to the extent that the land the subject of the permit is 6
non-exclusive land, whether or not an alternative provision area. 7
`(3) The requirements of this part are additional to the requirements of 8
part 3. 9
of certain prospecting permits from pt 13 10
`Exclusion
`427. This part does not apply to a prospecting permit if the permit is 11
solely for purposes necessary to enable the permit holder to apply for the 12
granting of a mining claim or mining lease. 13
application of pt 13 to prospecting permit in approved opal 14
`Limited
or gem mining area 15
`428. This part does not apply to an act relating to a prospecting permit in 16
an approved opal or gem mining area to the extent that the act is excluded 17
from the application of the right to negotiate provisions under 18
section 26(2)(d)28 of the Commonwealth Native Title Act. 19
for pt 13 20
`Definitions
`429. In this part-- 21
"applicant" means the applicant for the proposed low impact prospecting 22
permit. 23
"application notice" see section 431(1). 24
"consultation period" see section 435. 25
"low impact prospecting permit" see section 430. 26
28 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act
s 54 50 s 54
Native Title (Queensland) State Provisions
Amendment
of "low impact prospecting permit" for pt 13 1
`Meaning
`430. For this part, a "low impact prospecting permit" is a prospecting 2
permit that-- 3
(a) is granted over land that is, or includes, non-exclusive land; and 4
(b) at least to the extent the permit is granted over non-exclusive land, 5
excludes all entitlement to enter for hand mining. 6
2--Notification requirements 7
`Division
to notify 8
`Requirement
`431.(1) The applicant must give written notice (the "application 9
notice") of the applicant's intention to lodge an application for a low impact 10
prospecting permit, or of the lodgement of the application, to-- 11
(a) each native title notification party for the land to which the 12
application relates; and 13
(b) the mining registrar. 14
`(2) The notice must be given no earlier than 14 days before the 15
lodgement, and no later than-- 16
(a) the lodgement; or 17
(b) if, under section 432, the mining registrar has given a direction for 18
the giving of a new written notice--the end of the period 19
nominated in the direction. 20
`(3) The notice must state the following-- 21
(a) whether or not the application has been lodged; 22
(b) a clear description of the land, and its location; 23
(c) details of the activities proposed for the land; 24
(d) an outline of the expected impact on the land of the proposed 25
activities; 26
s 54 51 s 54
Native Title (Queensland) State Provisions
Amendment
(e) that the applicant must not act under the permit applied for to enter 1
non-exclusive land unless the applicant has complied with all the 2
applicant's obligations for consultation with the native title 3
notification parties under division 3. 4
`(4) The notice may also state a day for consultation to start under 5
division 3. 6
`(5) The day must be at least 14 days after the giving of the notice to all 7
of the native title notification parties. 8
to notify correctly 9
`Failure
`432.(1) If the mining registrar is satisfied that a written notice given, or 10
purportedly given, under section 431 has not been given in accordance with 11
the requirements of section 431(1) and (2) or does not comply with the 12
requirements of section 431(3) to (5), the mining registrar must-- 13
(a) give the applicant a written direction to give a new written notice 14
under section 431; and 15
(b) in the direction, nominate a period within which the direction 16
must be complied with. 17
`(2) The new notice, when given, must-- 18
(a) state that it is a replacement notice; and 19
(b) identify the previous notice. 20
3--Consultation requirements before entry 21
`Division
to consult 22
`Requirement
`433.(1) It is a condition of a low impact prospecting permit that the 23
permit holder must not act under the permit to enter, for the first time, 24
non-exclusive land unless the holder has consulted with each native title 25
notification party for the land to which the permit relates. 26
s 54 52 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) However, the condition does not require consultation with a native 1
title notification party if the party has given the permit holder a written notice 2
that the party does not wish to be consulted about the proposed activities 3
stated in the application notice. 4
matters 5
`Consultation
`434.(1) The purpose of the consultation is to minimise the impact of the 6
low impact prospecting permit on the exercise of native title rights and 7
interests in relation to the land that will be affected under the permit. 8
`(2) In particular, the consultation must be about the matters mentioned in 9
section 26A(7)29 of the Commonwealth Native Title Act, as follows-- 10
(a) the protection and avoidance of any area or site, on the land or 11
waters to which the native title rights and interests relate, of 12
particular significance to the persons holding the native title in 13
accordance with their traditional laws and customs; 14
(b) any access to the land or waters to which the native title rights and 15
interests relate by-- 16
(i) the persons mentioned in paragraph (a); or 17
(ii) any person who will do anything that is authorised because 18
of, or results from, or otherwise relates to, the permit; 19
(c) the way in which any other thing that is authorised because of, 20
results from, or otherwise relates to, the permit and affects native 21
title rights and interests, is to be done. 22
period 23
`Consultation
`435.(1) The "consultation period" for the permit-- 24
(a) starts on the day (the "consultation start day")-- 25
(i) stated for that purpose in the application notice for the 26
permit; or 27
29 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 53 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) if the day was not stated in the application notice, stated in a 1
written notice given to each of the native title notification 2
parties by the holder; and 3
(b) ends 14 days after the consultation start day, or if a later or earlier 4
time is agreed under subsection (3) or (4), the later or earlier time. 5
`(2) A notice under subsection (1)(a)(ii) must be given at least 14 days 6
before the consultation start day. 7
`(3) The consultation period may be extended if, within 14 days after the 8
consultation start day-- 9
(a) the holder and the native title notification parties agree to the 10
extension; and 11
(b) the mining registrar is notified of the extension. 12
`(4) If at any time the holder and the native title notification parties agree 13
there has been enough consultation, the consultation period is taken to end. 14
title notification parties may seek mediation 15
`Native
`436.(1) In the consultation period, a native title notification party may 16
ask the mining registrar to hold a conference for mediation about the impact 17
of the permit. 18
`(2) A native title notification party or the permit holder may be 19
represented at the conference by a lawyer. 20
`(3) A party to the conference must pay the party's own costs for the 21
conference. 22
of result of consultation 23
`Notice
`437.(1) The permit holder must, and any native title notification party 24
may, as soon as practicable after the consultation period ends, give a written 25
notice to the mining registrar about the consultation. 26
`(2) The notice must state-- 27
(a) details of the consultation undertaken in the consultation period; 28
and 29
s 54 54 s 54
Native Title (Queensland) State Provisions
Amendment
(b) any outcome of the consultation; and 1
(c) the day the holder proposes first to enter the land to which the 2
native title rights and interests relate. 3
`(3) A party who gives a notice to the mining registrar under this section 4
must also give a copy of the notice to each other party. 5
`(4) The copy of the notice by the holder must be given before the holder 6
first enters the land 7
`(5) If the permit holder does not comply with a requirement of this 8
section about the giving of a notice or a copy of a notice, the permit holder 9
commits an offence. 10
Maximum penalty for subsection (5)--100 penalty units. 11
`(6) In this section-- 12
"party" means-- 13
(a) a permit holder; or 14
(b) a native title notification party. 15
registrar may take action 16
`Mining
`438. The mining registrar may impose conditions on the permit under 17
section 2530 to address any matter raised by a native title notification party in 18
the consultation. 19
30 Section 25 (Conditions of prospecting permit)
s 54 55 s 54
Native Title (Queensland) State Provisions
Amendment
`PART 14--NATIVE TITLE PROVISIONS FOR 1
MINING CLAIMS 2
`Division 1--Preliminary 3
of pt 14 4
`Purpose
`439.(1) The purpose of this part is-- 5
(a) to state additional requirements that apply for the granting of a 6
mining claim, or the variation or renewal of a mining claim, under 7
part 4 if the mining claim is a surface alluvium (gold or tin) 8
mining claim over non-exclusive land; and 9
(b) in stating the additional requirements, to provide a basis for a 10
determination by the Commonwealth Minister under 11
section 26B31 of the Commonwealth Native Title Act. 12
`(2) The purpose of this part is also-- 13
(a) to state additional requirements that apply for the granting of a 14
proposed mining claim, or variation or renewal of a mining claim, 15
under part 4 over non-exclusive land if the mining claim is other 16
than a surface alluvium (gold or tin) mining claim; and 17
(b) in stating the additional requirements, to provide alternative 18
provisions under sections 43 and 43A32 of the Commonwealth 19
Native Title Act. 20
31 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native
Title Act
32 Sections 43 (Modification of Subdivision if satisfactory alternative State or
Territory provisions) and 43A (Exception to right to negotiate: satisfactory
State/Territory provisions) of the Commonwealth Native Title Act
s 54 56 s 54
Native Title (Queensland) State Provisions
Amendment
application of pt 14 to mining claim in approved opal or gem 1
`Limited
mining area 2
`440. This part does not apply to an act relating to a mining claim in an 3
approved opal or gem mining area to the extent that the act is excluded from 4
the application of the right to negotiate provisions under section 26(2)(d)33 5
of the Commonwealth Native Title Act. 6
of "surface alluvium (gold or tin) mining claim" 7
`Meaning
`441. For this part, a "surface alluvium (gold or tin) mining claim" is 8
a mining claim-- 9
(a) that is granted over land that is, or includes, non-exclusive land; 10
and 11
(b) under which the only right to mine is the right to mine gold or tin 12
in surface alluvium; and 13
(c) under which the only way gold or tin may be recovered from the 14
material that is mined is by a washing or an aeration process; and 15
(d) under which the person given the right to mine must rehabilitate 16
any area of land or waters, in which the mining takes place and in 17
relation to which native title rights and interests may exist, for the 18
purpose of minimising the impact of the mining on the land or 19
waters. 20
`Division 2--Surface alluvium (gold or tin) mining claims 21
1--Preliminary 22
`Subdivision
of div 2 23
`Application
`442.(1) This division applies to the granting of a proposed mining claim 24
if-- 25
33 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act
s 54 57 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the mining claim is a surface alluvium (gold or tin) mining claim; 1
and 2
(b) the granting of the mining claim is an act-- 3
(i) that affects native title rights and interests; and 4
(ii) to which the right to negotiate provisions would have 5
otherwise applied; and 6
(iii) that is an approved gold or tin mining act under a 7
determination in force under section 26B(1) of the 8
Commonwealth Native Title Act. 9
`(2) However, this division applies to the granting of the proposed 10
mining claim-- 11
(a) only to the extent that the mining claim relates to a place that is on 12
the landward side of the mean high-water mark of the sea; and 13
(b) only to the extent that the land the subject of the mining claim is 14
non-exclusive land, whether or not an alternative provision area. 15
`(3) The requirements of this division are additional to the requirements 16
of part 4. 17
for div 2 18
`Definitions
`443. In this division-- 19
"applicant" means the applicant for the proposed surface alluvium (gold or 20
tin) mining claim. 21
"consultation agreement" see section 451(4)(b). 22
"consultation matters" includes the purpose of consultation stated in 23
section 449(1) and the matters that consultation must be about under 24
section 449(2). 25
"consultation parties" see section 446. 26
"consultation period" see section 448. 27
"consultation result notice" see section 451(1). 28
s 54 58 s 54
Native Title (Queensland) State Provisions
Amendment
"consultation start day" see section 444(3). 1
"surface alluvium (gold or tin) mining claim" see section 441. 2
`Subdivision 2--Notification requirements 3
to notify 4
`Requirement
`444.(1) The applicant must give written notice of the applicant's 5
intention to lodge an application for a surface alluvium (gold or tin) mining 6
claim, or of the lodgement of the application, to-- 7
(a) each native title notification party for the land the subject of the 8
proposed mining claim; and 9
(b) the Native Title Registrar. 10
`(2) The notice must be given-- 11
(a) no earlier than 2 months before the lodgement; and 12
(b) no later than-- 13
(i) the end of the period of 7 days after the certificate of 14
application for the proposed mining claim is endorsed by the 15
mining registrar under section 64(2);34 or 16
(ii) if the mining registrar decides a longer period under 17
section 64(6), the end of the longer period; or 18
(iii) if, under section 445, the mining registrar has given a 19
direction for the giving of a new written notice--the end of 20
the period nominated in the direction. 21
`(3) The notice must state the following-- 22
(a) whether or not the application has been lodged; 23
(b) a clear description of the land, and its location; 24
(c) details of the activities proposed for the land; 25
34 Section 64 (Certificate of application etc.)
s 54 59 s 54
Native Title (Queensland) State Provisions
Amendment
(d) an outline of the expected impact on the land of the proposed 1
activities; 2
(e) that the applicant must consult with-- 3
(i) each registered native title body corporate for the land to 4
which the application relates; and 5
(ii) each registered native title claimant for the land; 6
(f) a day (the "consultation start day") for consultation to start 7
under subdivision 3 that is at least 2 months after the giving of the 8
notice to all of the native title notification parties; 9
(g) that the native title notification parties have a right to be heard by 10
the tribunal about whether the claim should be granted and other 11
matters relating to the grant. 12
of mining registrar 13
`Notification
`445.(1) Within 2 days after the applicant has complied, or purportedly 14
complied, with the requirements of section 444, the applicant must give the 15
mining registrar information in the approved form about the applicant's 16
compliance with section 444. 17
`(2) A copy of the written notice given under section 444(1) must be 18
attached to the approved form. 19
`(3) If the mining registrar is satisfied a written notice given, or 20
purportedly given, under section 444 has not been given in accordance with 21
the requirements of section 444(1) and (2), or does not comply with the 22
requirements of section 444(3), the mining registrar must-- 23
(a) give the applicant a written direction to give a new written notice 24
under section 444; and 25
(b) in the direction, nominate a period within which the direction 26
must be complied with. 27
`(4) The new notice, when given, must-- 28
(a) state that it is a replacement notice; and 29
(b) identify the previous notice. 30
s 54 60 s 54
Native Title (Queensland) State Provisions
Amendment
`Subdivision 3--Consultation requirements 1
parties 2
`Consultation
`446. The "consultation parties", for a surface alluvium (gold or tin) 3
mining claim application, are-- 4
(a) the applicant; and 5
(b) each registered native title body corporate for the land the subject 6
of the proposed mining claim; and 7
(c) each registered native title claimant for the land. 8
to consult 9
`Requirement
`447.(1) The applicant must consult with each other consultation party. 10
`(2) However, the applicant is not required to consult with another 11
consultation party if the other party has given the applicant a written notice 12
stating that the party does not wish to be consulted about the application. 13
period 14
`Consultation
`448.(1) The "consultation period" for the application-- 15
(a) starts on the consultation start day; and 16
(b) ends 2 months after the consultation start day, or if a later or 17
earlier time is agreed under subsection (2) or (3), the later or 18
earlier time. 19
`(2) The consultation period may be extended to an agreed later time if, 20
within 2 months after the consultation start day-- 21
(a) the consultation parties agree to the extension; and 22
(b) the mining registrar is notified in writing of the extension. 23
`(3) If at any time the consultation parties agree there has been enough 24
consultation, the consultation period is taken to end. 25
s 54 61 s 54
Native Title (Queensland) State Provisions
Amendment
matters 1
`Consultation
`449.(1) The purpose of the consultation is to minimise the impact of the 2
granting of the surface alluvium (gold or tin) mining claim applied for on 3
land or waters in relation to which native title rights and interests may exist 4
and that will be affected by the granting of the mining claim. 5
`(2) In particular, the consultation must be about the matters mentioned in 6
section 26B(8)35 of the Commonwealth Native Title Act, as follows-- 7
(a) the protection and avoidance of any area or site, on the land or 8
waters to which the native title rights and interests relate, of 9
particular significance to the persons holding the native title in 10
accordance with their traditional laws and customs; 11
(b) any access to the land or waters to which the native title rights and 12
interests relate by-- 13
(i) the persons mentioned in paragraph (a); or 14
(ii) any person who will do anything that is authorised because 15
of, or results from, or otherwise relates to, the mining claim 16
applied for; 17
(c) the way in which any rehabilitation or other thing that is 18
authorised because of, results from, or otherwise relates to, the 19
mining claim applied for, is to be done. 20
parties may seek mediation 21
`Consultation
`450.(1) In the consultation period, a consultation party may ask the 22
mining registrar to hold a conference for mediation about the application. 23
`(2) Sections 65 to 70 apply to the conference as if the request were a 24
request made under section 65(1)(a) by an owner of land affected by the 25
application. 26
35 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native
Title Act
s 54 62 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) Despite section 66(3),36 a consultation party may be represented at 1
the conference by a lawyer. 2
`(4) Subject to any order made under section 70,37 a party to the 3
conference must pay the party's own costs for the conference. 4
of result of consultation 5
`Notice
`451.(1) The applicant must, and a consultation party, other than the 6
applicant, may, as soon as practicable after the consultation period ends, 7
give a written notice (a "consultation result notice") to the mining 8
registrar. 9
`(2) The applicant must, as soon as practicable after giving a consultation 10
result notice, give a copy of it to each other consultation party. 11
`(3) If a consultation party, other than the applicant, gives a consultation 12
result notice, the party must, as soon as practicable after giving the notice, 13
give a copy of it to each other consultation party. 14
`(4) A consultation result notice must state the following-- 15
(a) any outcome of the consultation; 16
(b) whether the consultation parties have reached an agreement for the 17
granting of the surface alluvium (gold or tin) mining claim 18
applied for (a "consultation agreement"); 19
(c) if a consultation agreement has not been reached, but the 20
consultation parties have agreed in part about the granting of the 21
surface alluvium (gold or tin) mining claim applied for, details of 22
the partial agreement. 23
`(5) If a consultation agreement has been reached, a copy of the 24
consultation agreement, signed by all consultation parties, must be given to 25
the mining registrar with the consultation result notice. 26
`(6) The consultation agreement has effect, if the proposed mining claim 27
is granted, as if-- 28
36 Section 66 (Who may attend conference)
37 Section 70 (Tribunal may award costs)
s 54 63 s 54
Native Title (Queensland) State Provisions
Amendment
(a) any conditions included in the agreement are the terms of a 1
contract; and 2
(b) the consultation parties are parties to the contract; and 3
(c) if a consultation party is a registered native title claimant--any 4
individual included in the native title claim group concerned is a 5
party to the contract. 6
`(7) Subsection (6) has effect in addition to any other effect that the 7
agreement may have apart from under subsection (6). 8
`(8) The additional requirements provided for in subdivision 4 stop 9
applying to the application if-- 10
(a) a consultation result notice has been given; and 11
(b) a consultation agreement has been reached; and 12
(c) all other native title notification parties for the land have waived 13
their rights to be heard. 14
`Subdivision 4--Hearing requirements 15
of sdiv 4 16
`Application
`452. This subdivision applies only if-- 17
(a) the consultation period for an application for the granting of the 18
surface alluvium (gold or tin) mining claim has ended; and 19
(b) any of the following applies-- 20
(i) a consultation agreement has not been reached about the 21
application; 22
(ii) the applicant has not given a consultation result notice within 23
7 days after the end of the consultation period; 24
(iii) at least 1 of the native title notification parties for the land the 25
subject of the proposed mining claim has not waived the 26
party's rights to be heard. 27
s 54 64 s 54
Native Title (Queensland) State Provisions
Amendment
title notification parties' right to be heard 1
`Native
`453.(1) Each native title notification party for the land has a right to be 2
heard by the tribunal about-- 3
(a) whether the surface alluvium (gold or tin) mining claim applied 4
for is to be granted; and 5
(b) any other matter relating to the grant. 6
`(2) A native title notification party may at any time, by a notice in 7
writing to the mining registrar, waive the party's right to be heard. 8
of combined hearing day 9
`Fixing
`454.(1) The mining registrar must, within 14 days after the consultation 10
period ends, fix a day for the tribunal to hear the application under 11
section 72,38 as if an objection had been lodged under section 71.39 12
`(2) The mining registrar must give written notice of the day to-- 13
(a) each consultation party for the application; and 14
(b) all other native title notification parties for the land who have not 15
waived their rights to be heard. 16
`(3) The notice must state that, at the hearing, each of the native title 17
notification parties has a right to be heard by the tribunal about-- 18
(a) whether the surface alluvium (gold or tin) mining claim applied 19
for is to be granted; and 20
(b) any other matter relating to the grant. 21
`(4) The mining registrar must not, under section 74,40 grant the 22
application without a hearing. 23
38 Section 72 (Mining registrar to fix hearing date)
39 Section 71 (Objection to application for grant of mining claim)
40 Section 74 (Grant of mining claim to which no objection lodged)
s 54 65 s 54
Native Title (Queensland) State Provisions
Amendment
must consider consultation matters and agreed issues 1
`Tribunal
`455. In hearing the application under section 7741 and in making a 2
decision under section 78,42 the tribunal must take into account-- 3
(a) the consultation matters; and 4
(b) any issue agreed between the consultation parties; and 5
(c) any other matter raised before the tribunal by a native title 6
notification party relating to the grant of the surface alluvium 7
(gold or tin) mining claim. 8
about compensation to be made at hearing 9
`Decision
`456. If, at the end of the hearing for the application, the consultation 10
parties have not reached an agreement about compensation, the tribunal, 11
whether or not an application has been made to the tribunal about 12
compensation, must also make any compensation decision or compensation 13
trust decision that is required to be made under part 1843 before the surface 14
alluvium (gold or tin) mining claim is granted. 15
time requirement for hearing 16
`General
`457.(1) The tribunal must take all reasonable steps to ensure the hearing 17
for the application is finished within 3 months after the day the consultation 18
parties were notified of the hearing. 19
`(2) However, if the consultation parties ask, the tribunal may-- 20
(a) provide mediation about the issues in dispute to the extent that it 21
considers referral of the parties to mediation will be consistent 22
with finishing the combined hearing as soon as practicable; or 23
(b) order further consultation on conditions it considers appropriate. 24
41 Section 77 (Tribunal hearing)
42 Section 78 (Tribunal's determination on hearing)
43 Part 18 (Compensation provisions)
s 54 66 s 54
Native Title (Queensland) State Provisions
Amendment
5--Notice of grant 1
`Subdivision
of grant to other consultation parties 2
`Notice
`458.(1) If the mining registrar grants the surface alluvium (gold or tin) 3
mining claim, the holder of the mining claim must, within 28 days after the 4
holder receives notice of the grant, give a written notice complying with 5
subsection (2) to the following-- 6
(a) each other consultation party; 7
(b) each representative Aboriginal/Torres Strait Islander body heard 8
by the tribunal in any hearing for the grant of the surface alluvium 9
(gold or tin) mining claim. 10
Maximum penalty--100 penalty units. 11
`(2) The written notice must-- 12
(a) advise the granting of the surface alluvium (gold or tin) mining 13
claim; and 14
(b) state the conditions of the surface alluvium (gold or tin) mining 15
claim. 16
`Division 3--Other mining claims on alternative provision areas 17
of div 3 18
`Application
`459.(1) This division applies to the granting of a proposed mining claim 19
if-- 20
(a) the mining claim is other than a surface alluvium (gold or tin) 21
mining claim; and 22
(b) the granting of the mining claim is an act-- 23
(i) that affects native title rights and interests; and 24
(ii) to which the right to negotiate provisions would have 25
otherwise applied; and 26
s 54 67 s 54
Native Title (Queensland) State Provisions
Amendment
(c) a determination is in force under section 43A(1) of the 1
Commonwealth Native Title Act and this division is included in 2
the alternative provisions the subject of the determination. 3
`(2) However, this division applies to the granting of the proposed 4
mining claim-- 5
(a) only to the extent that the mining claim relates to a place that is on 6
the landward side of the mean high-water mark of the sea; and 7
(b) only to the extent that the land the subject of the mining claim is 8
non-exclusive land that is an alternative provision area. 9
`(3) The requirements of this division are additional to the requirements 10
of part 4. 11
`(4) Despite subsections (1) to (3), this division does not apply to the 12
granting of the mining claim if the applicant elects that the additional 13
requirements stated in division 4 apply instead of the additional 14
requirements stated in this division. 15
for grant 16
`Requirement
`460.(1) The additional requirements applying under part 17, division 344 17
for the granting of a proposed mining lease also apply for the granting of the 18
proposed mining claim. 19
`(2) The requirements apply with necessary changes. 20
`(3) However, for applying section 62245 and other provisions about 21
consultation and negotiation parties, the State is not a consultation and 22
negotiation party. 23
pt 17, div 3 for grant 24
`Applying
`461.(1) This section-- 25
(a) applies for applying the provisions of part 17, division 3; and 26
44 Part 17 (Native title provisions for mining leases), division 3 (Other mining
leases on alternative provision areas)
45 Section 622 (Parties to consultation and negotiation)
s 54 68 s 54
Native Title (Queensland) State Provisions
Amendment
(b) does not limit section 460(1). 1
`(2) References to the Governor in Council are taken to be references to 2
the mining registrar. 3
`(3) Sections 623(3), 637(2) to (4), 641, 643, 646 and 647 do not apply. 4
`(4) Section 636(3) is taken to require that the mining registrar may not 5
act under section 74 to grant the mining claim unless a negotiated agreement 6
has been reached. 7
`(5) Section 645 does not apply, but the native title issues decision must 8
be complied with by the mining registrar. 9
`(6) A reference in part 17, division 3 to a provision of part 7 is taken to 10
be a reference to a corresponding provision of part 4. 11
4--Other mining claims not on alternative provision areas 12
`Division
of div 4 13
`Application
`462.(1) This division applies to the granting of a proposed mining claim 14
if-- 15
(a) the mining claim is other than a surface alluvium (gold or tin) 16
mining claim; and 17
(b) the granting of the mining claim is an act-- 18
(i) that affects native title rights and interests; and 19
(ii) to which the right to negotiate provisions would have 20
otherwise applied; and 21
(c) a determination is in force under section 43(1) of the 22
Commonwealth Native Title Act and this division is included in 23
the alternative provisions the subject of the determination. 24
`(2) However, this division applies to the granting of the proposed 25
mining claim-- 26
(a) only to the extent that the mining claim relates to a place that is on 27
the landward side of the mean high-water mark of the sea; and 28
s 54 69 s 54
Native Title (Queensland) State Provisions
Amendment
(b) only to the extent that the land the subject of the mining claim is 1
non-exclusive land other than an alternative provision area. 2
`(3) The requirements of this division are additional to the requirements 3
of part 4. 4
`(4) Despite subsections (1) to (3), this division also applies to the 5
granting of a mining claim to the extent that the land the subject of the 6
proposed mining claim is non-exclusive land that is an alternative provision 7
area, if the applicant elects under division 3 that the additional requirements 8
stated in this division apply instead of the additional requirements stated in 9
division 3. 10
for grant 11
`Requirement
`463.(1) The additional requirements applying under part 17, division 446 12
for the granting of a proposed mining lease also apply for the granting of the 13
proposed mining claim. 14
`(2) The requirements apply with necessary changes. 15
pt 17, div 4 for grant 16
`Applying
`464.(1) This section-- 17
(a) applies for applying the provisions of part 17, division 4; and 18
(b) does not limit section 463(1). 19
`(2) References to the Governor in Council are taken to be references to 20
the mining registrar. 21
`(3) For applying section 669, the pre-referral period is-- 22
(a) the period of 6 months starting on the notification day (native title 23
issues); or 24
46 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas)
s 54 70 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if the registered native title parties for the non-exclusive land and 1
the applicant agree on a time, which must be later than the time 2
that would otherwise apply under paragraph (a), and advise the 3
mining registrar in writing of the agreed later time--the period 4
ending at the agreed later time. 5
`(4) Section 671(3) is taken to require that the mining registrar must not 6
act under section 74 to grant the mining claim unless a negotiated agreement 7
has been reached. 8
`(5) Sections 672(2) to (4), 676, 678 and subdivisions 6 and 7 do not 9
apply. 10
`(6) Section 680 does not apply, but the native title issues decision must 11
be complied with by the mining registrar.. 12
`(7) A reference in part 17, division 4 to a provision of part 7 is taken to 13
be a reference to a corresponding provision of part 4. 14
`Division 5--Renewals of mining claims 15
of div 5 16
`Application
`465.(1) This division applies to the renewal of a mining claim if-- 17
(a) the mining claim is a surface alluvium (gold or tin) mining claim; 18
and 19
(b) the renewal of the mining claim is an act-- 20
(i) that affects native title rights and interests; and 21
(ii) to which the right to negotiate provisions would have 22
otherwise applied; and 23
(iii) that is an approved gold or tin mining act under a 24
determination in force under section 26B(1) of the 25
Commonwealth Native Title Act. 26
`(2) However, this division applies to the renewal of a mining claim 27
mentioned in subsection (1) only to the extent that the land the subject of the 28
mining claim is non-exclusive land, whether or not an alternative provision 29
area. 30
s 54 71 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) This division also applies to the renewal of a mining claim if-- 1
(a) the mining claim is other than a surface alluvium (gold or tin) 2
mining claim; and 3
(b) the renewal of the mining claim is an act-- 4
(i) that affects native title rights and interests; and 5
(ii) to which the right to negotiate provisions would have 6
otherwise applied; and 7
(c) a determination is in force under section 43A(1) of the 8
Commonwealth Native Title Act and this division is included in 9
the alternative provisions the subject of the determination. 10
`(4) However, this division applies to the renewal of a mining claim 11
mentioned in subsection (3) only to the extent that the land the subject of the 12
mining claim is non-exclusive land that is an alternative provision area. 13
`(5) This division also applies to the renewal of a mining claim if-- 14
(a) the mining claim is other than a surface alluvium (gold or tin) 15
mining claim; and 16
(b) the renewal of the mining claim is an act-- 17
(i) that affects native title rights and interests; and 18
(ii) to which the right to negotiate provisions would have 19
otherwise applied; and 20
(c) a determination is in force under section 43(1) of the 21
Commonwealth Native Title Act and this division is included in 22
the alternative provisions the subject of the determination. 23
`(6) However, this division applies to the renewal of a mining claim 24
mentioned in subsection (5) only to the extent that the land the subject of the 25
mining claim is non-exclusive land other than an alternative provision area. 26
`(7) This division applies to the renewal of a mining claim mentioned in 27
subsection (1), (3) or (5) only to the extent that the mining claim relates to a 28
place that is on the landward side of the mean high-water mark of the sea. 29
`(8) The requirements of this division are additional to the requirements 30
of part 4. 31
s 54 72 s 54
Native Title (Queensland) State Provisions
Amendment
`(9) In this section-- 1
"renewal", of a mining claim, includes-- 2
(a) the re-grant of the mining claim; and 3
(b) the re-making of the mining claim; and 4
(c) the extension of the term of the mining claim. 5
for renewal--applying div 2 6
`Requirements
`466.(1) If this division applies to the renewal of a mining claim because 7
of section 465(1), the additional requirements applying under division 247 8
for the granting of a surface alluvium (gold or tin) mining claim also apply 9
for the renewal. 10
`(2) The requirements apply with necessary changes. 11
div 2 for renewal 12
`Applying
`467.(1) This section-- 13
(a) applies for applying the provisions of division 2; and 14
(b) does not limit section 466. 15
`(2) For applying section 444(2), the following period is substituted for 16
the periods mentioned in section 444(2)(b)(i) and (ii), that is the end of the 17
period of 7 days after lodgement of the application for the renewal. 18
`(3) Section 454(1) and (4) does not apply, but-- 19
(a) the mining registrar must within 14 days after the consultation 20
period ends, fix a day for the tribunal to hear the application for 21
the renewal; and 22
(b) the tribunal must hear the application for the renewal as if the 23
application for renewal were the application for a grant of a 24
mining claim heard under section 77; and 25
47 Division 2 (Surface alluvium (gold or tin) mining claims)
s 54 73 s 54
Native Title (Queensland) State Provisions
Amendment
(c) the tribunal must ask the Minister about the extent to which the 1
Minister is satisfied about the matters stated in section 93(3). 2
`(4) For applying section 455, the tribunal must also take into account 3
information received from the Minister under subsection (3)(c). 4
for renewal--applying div 3 5
`Requirements
`468.(1) If this division applies to the renewal of a mining claim because 6
of section 465(3), the additional requirements applying under division 348 7
for the granting of a mining claim other than a surface alluvium (gold or tin) 8
mining claim on an alternative provision area also apply for the renewal. 9
`(2) The requirements apply with necessary changes. 10
div 3 for renewal 11
`Applying
`469.(1) This section-- 12
(a) applies for applying the provisions of division 3; and 13
(b) does not limit section 468. 14
`(2) Section 461(4) does not apply. 15
`(3) For applying section 461, subsections (4) to (8) of this section are 16
taken to be included in section 461. 17
`(4) For applying section 616(3), the following period is substituted for 18
the periods mentioned in section 616(3)(b)(i) and (ii), that is, the end of the 19
period of 28 days after lodgement of the application for the renewal. 20
`(5) Section 623(1) and (3) does not apply, but the consultation and 21
negotiation period for the proposed renewal starts on the day immediately 22
after the closing day (native title issues) for the proposed renewal. 23
48 Division 3 (Other mining claims on alternative provision areas)
s 54 74 s 54
Native Title (Queensland) State Provisions
Amendment
`(6) For applying part 17, division 3, subdivisions 4 and 5,49 if the 1
proposed renewal is referred to the tribunal for a native title issues decision, 2
there is not a combined hearing, but there is a hearing for a native title issues 3
decision, including the hearing of any objections lodged under section 633. 4
`(7) Sections 636 and 637 do not apply, but-- 5
(a) the mining registrar must within 14 days after the consultation 6
and negotiation period ends, fix a day for the tribunal to hear the 7
application for the renewal; and 8
(b) all consultation and negotiation parties have the right to be heard at 9
the hearing; and 10
(c) the tribunal must hear the application for the renewal and make a 11
native title issues decision; and 12
(d) before making its native title issues decision, the tribunal must ask 13
the Minister about the extent to which the Minister is satisfied 14
about the matters stated in section 286(3). 15
`(8) For applying section 642, the tribunal must also take into account 16
information received from the Minister under subsection (7)(d). 17
for renewal--applying div 4 18
`Requirements
`470.(1) If this division applies to the renewal of a mining claim because 19
of section 465(5), the additional requirements applying under division 450 20
for the granting of a mining claim other than a surface alluvium (gold or tin) 21
mining claim on non-exclusive land other than an alternative provision area 22
also apply for the renewal. 23
`(2) The requirements apply with necessary changes. 24
49 Part 17 (Native title provisions for mining leases), division 3 (Other mining
leases on alternative provision areas), subdivisions 4 (Referral and native title
issues decision) and 5 (Requirements for combined hearing)
50 Division 4 (Other mining claims not on alternative provision areas)
s 54 75 s 54
Native Title (Queensland) State Provisions
Amendment
div 4 for renewal 1
`Applying
`471.(1) This section-- 2
(a) applies for applying the provisions of division 4; and 3
(b) does not limit section 470. 4
`(2) Section 464(4) does not apply. 5
`(3) For applying section 464, subsections (4) to (7) of this section are 6
taken to be included in section 464. 7
`(4) For applying section 652(3), the following period is substituted for 8
the periods mentioned in section 652(3)(b)(i) and (ii), that is, the end of the 9
period of 28 days after lodgement of the application for the renewal. 10
`(5) For applying part 17, division 4, subdivisions 4 and 5,51 if the 11
proposed renewal is referred to the tribunal for a native title issues decision, 12
there is not a combined hearing, but there is a hearing for a native title issues 13
decision, including the hearing of any objections lodged under section 668. 14
`(6) Sections 671 and 672 do not apply, but-- 15
(a) the mining registrar must within 14 days after the pre-referral 16
period ends, fix a day for the tribunal to hear the application for 17
the renewal; and 18
(b) all consultation and negotiation parties have the right to be heard at 19
the hearing; and 20
(c) the tribunal must hear the application for the renewal and make a 21
native title issues decision; and 22
(d) before making its native title issues decision, the tribunal must ask 23
the Minister about the extent to which the Minister is satisfied 24
about the matters stated in section 286(3). 25
`(7) For applying section 677, the tribunal must also take into account 26
information received from the Minister under subsection (6)(d). 27
51 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivisions 4 (Referral and native
title issues decision) and 5 (Requirements for combined hearing)
s 54 76 s 54
Native Title (Queensland) State Provisions
Amendment
`Division 6--Requirements for subsidiary approvals 1
of div 6 2
`Application
`472.(1) This division applies to the addition, under section 105, of 3
specified minerals to a mining claim if-- 4
(a) were the mining claim to be granted again, but only for the stated 5
minerals, the granting would be an act affecting native title rights 6
and interests; and 7
(b) the addition is an act to which the right to negotiate provisions 8
would have otherwise applied; and 9
(c) after the addition takes effect, the mining claim will be a surface 10
alluvium (gold or tin) mining claim; and 11
(d) the addition is an approved gold or tin mining act under a 12
determination in force under section 26B(1) of the 13
Commonwealth Native Title Act. 14
`(2) However, this division applies to the addition mentioned in 15
subsection (1) only to the extent that the addition relates to non-exclusive 16
land, whether or not an alternative provision area. 17
`(3) This division also applies to the addition, under section 105, of 18
specified minerals to a mining claim if-- 19
(a) were the mining claim to be granted again, but only for the stated 20
minerals, the granting would be an act affecting native title rights 21
and interests; and 22
(b) the addition is an act to which the right to negotiate provisions 23
would have otherwise applied; and 24
(c) the addition relates to an alternative provision area; and 25
(d) a determination is in force under section 43A(1) of the 26
Commonwealth Native Title Act and this division is included in 27
the alternative provisions the subject of the determination. 28
`(4) However, this division applies to the addition mentioned in 29
subsection (3) only to the extent that the addition relates to an alternative 30
provision area. 31
s 54 77 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) This division also applies to the addition, under section 105, of 1
specified minerals to a mining claim if-- 2
(a) were the mining claim to be granted again, but only for the stated 3
minerals, the granting would be an act affecting native title rights 4
and interests; and 5
(b) the addition is an act to which the right to negotiate provisions 6
would have otherwise applied; and 7
(c) the addition relates to non-exclusive land other than an alternative 8
provision area; and 9
(d) a determination is in force under section 43(1) of the 10
Commonwealth Native Title Act and this division is included in 11
the alternative provisions the subject of the determination. 12
`(6) However, this division applies to the addition mentioned in 13
subsection (5) only to the extent that the addition relates to non-exclusive 14
land other than an alternative provision area. 15
`(7) This division applies to an addition mentioned in subsection (1), (3) 16
or (5) only to the extent that the addition relates to a place that is on the 17
landward side of the mean high-water mark of the sea. 18
`(8) The requirements of this division are additional to the requirements 19
of part 4. 20
for addition--applying div 2 21
`Requirements
`473.(1) If this division applies to the addition of minerals to a mining 22
claim because of section 472(1), the additional requirements applying under 23
division 252 for the granting of a surface alluvium (gold or tin) mining claim 24
also apply for the renewal. 25
`(2) The requirements apply with necessary changes. 26
52 Division 2 (Surface alluvium (gold or tin) mining claims)
s 54 78 s 54
Native Title (Queensland) State Provisions
Amendment
div 2 for addition 1
`Applying
`474.(1) This section-- 2
(a) applies for applying the provisions of division 2; and 3
(b) does not limit section 473. 4
`(2) For applying section 444(2), the following period is substituted for 5
the periods mentioned in section 444(2)(b)(i) and (ii), that is the end of the 6
period of 7 days after lodgement of the application for the addition. 7
`(3) Section 454(1) and (4) does not apply, but-- 8
(a) the mining registrar must within 14 days after the consultation 9
period ends, fix a day for the tribunal to hear the application for 10
the addition; and 11
(b) the tribunal must hear the application for the addition as if the 12
application for the addition were the application for a grant of a 13
mining claim heard under section 77. 14
for addition--applying div 3 15
`Requirements
`475.(1) If this division applies to the addition of minerals to a mining 16
claim because of section 472(3), the additional requirements applying under 17
division 353 for the granting of a mining claim other than a surface alluvium 18
(gold or tin) mining claim on an alternative provision area also apply for the 19
addition. 20
`(2) The requirements apply with necessary changes. 21
div 3 for addition 22
`Applying
`476.(1) This section-- 23
(a) applies for applying the provisions of division 3; and 24
(b) does not limit section 475. 25
`(2) Section 461(4) does not apply. 26
53 Division 3 (Other mining claims on alternative provision areas)
s 54 79 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) For applying section 461, subsections (4) to (7) of this section are 1
taken to be included in section 461. 2
`(4) For applying section 616(3), the following period is substituted for 3
the periods mentioned in section 616(3)(b)(i) and (ii), that is, the end of the 4
period of 28 days after lodgement of the application for the addition. 5
`(5) Section 623(1) and (3) does not apply, but the consultation and 6
negotiation period for the proposed addition starts on the day immediately 7
after the closing day (native title issues) for the proposed addition. 8
`(6) For applying part 17, division 3, subdivisions 4 and 5,54 if the 9
proposed addition is referred to the tribunal for a native title issues decision, 10
there is not a combined hearing, but there is a hearing for a native title issues 11
decision, including the hearing of any objections lodged under section 633. 12
`(7) Sections 636 and 637 do not apply, but-- 13
(a) the mining registrar must within 14 days after the consultation 14
and negotiation period ends, fix a day for the tribunal to hear the 15
application for the addition; and 16
(b) all consultation and negotiation parties have the right to be heard at 17
the hearing; and 18
(c) the tribunal must hear the application for the addition and make a 19
native title issues decision. 20
for addition--applying div 4 21
`Requirements
`477.(1) If this division applies to the addition of minerals to a mining 22
claim because of section 472(5), the additional requirements applying under 23
division 455 for the granting of a mining claim other than a surface alluvium 24
(gold or tin) mining claim on non-exclusive land other than an alternative 25
provision area also apply for the addition. 26
`(2) The requirements apply with necessary changes. 27
54 Part 17 (Native title provisions for mining leases), division 3 (Other mining
leases on alternative provision areas), subdivisions 4 (Referral and native title
issues decision) and 5 (Requirements for combined hearing)
55 Division 4 (Other mining claims not on alternative provision areas)
s 54 80 s 54
Native Title (Queensland) State Provisions
Amendment
div 4 for addition 1
`Applying
`478.(1) This section-- 2
(a) applies for applying the provisions of division 4; and 3
(b) does not limit section 477. 4
`(2) Section 464(4) does not apply. 5
`(3) For applying section 464, subsections (4) to (6) of this section are 6
taken to be included in section 464. 7
`(4) For applying section 652(3), the following period is substituted for 8
the periods mentioned in section 652(3)(b)(i) and (ii), that is, the end of the 9
period of 28 days after lodgement of the application for the addition. 10
`(5) For applying part 17, division 4, subdivisions 4 and 5,56 if the 11
proposed addition is referred to the tribunal for a native title issues decision, 12
there is not a combined hearing, but there is a hearing for a native title issues 13
decision, including the hearing of any objections lodged under section 668. 14
`(6) Sections 671 and 672 do not apply, but-- 15
(a) the mining registrar must within 14 days after the pre-referral 16
period ends, fix a day for the tribunal to hear the application for 17
the addition; and 18
(b) all consultation and negotiation parties have the right to be heard at 19
the hearing; and 20
(c) the tribunal must hear the application for the addition and make a 21
native title issues decision. 22
56 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivisions 4 (Referral and native
title issues decision) and 5 (Requirements for combined hearing)
s 54 81 s 54
Native Title (Queensland) State Provisions
Amendment
`PART 15--NATIVE TITLE PROVISIONS FOR 1
EXPLORATION PERMITS 2
`Division 1--Preliminary 3
of pt 15 4
`Purpose
`479.(1) The purpose of this part is-- 5
(a) to state additional requirements that apply for-- 6
(i) the granting of a proposed exploration permit, or the 7
variation or renewal of an exploration permit, under part 5 if 8
the permit is a low impact exploration permit over 9
non-exclusive land; and 10
(ii) the exercise of the entitlement, under a low impact 11
exploration permit, to enter non-exclusive land; and 12
(b) in stating the additional requirements, to provide a basis for a 13
determination by the Commonwealth Minister under 14
section 26A57 of the Commonwealth Native Title Act. 15
`(2) The purpose of this part is also-- 16
(a) to state additional requirements that apply for the granting of a 17
proposed exploration permit, or the variation or renewal of an 18
exploration permit, under part 5 if the permit is a high impact 19
exploration permit over-- 20
(i) an alternative provision area; or 21
(ii) non-exclusive land other than land that includes all or part of 22
an alternative provision area; and 23
57 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 82 s 54
Native Title (Queensland) State Provisions
Amendment
(b) in stating the additional requirements, to provide alternative 1
provisions under sections 43 and 43A of the Commonwealth 2
Native Title Act.58 3
application of pt 15 to exploration permit in approved opal 4
`Limited
or gem mining area 5
`480. This part does not apply to an act relating to an exploration permit 6
in an approved opal or gem mining area to the extent that the act is excluded 7
from the application of the right to negotiate provisions under 8
section 26(2)(d)59 of the Commonwealth Native Title Act. 9
of "low impact exploration permit" 10
`Meaning
`481. For this part, a "low impact exploration permit" is an exploration 11
permit that-- 12
(a) is granted over land that is, or that includes, non-exclusive land; 13
and 14
(b) has a condition that, to the extent that the land the subject of the 15
permit is non-exclusive land, only low impact activities may be 16
carried out. 17
of "low impact activity" 18
`Meaning
`482. For this part, a "low impact activity", for an exploration 19
permit, means the following activities-- 20
(a) aerial surveys; 21
22
Examples--
23
geological, geophysical, photogrammetric and topographic aerial surveys.
58 Sections 43 (Modification of Subdivision if satisfactory alternative State or
Territory provisions) and 43A (Exception to right to negotiate: satisfactory
State/Territory provisions) of the Commonwealth Native Title Act
59 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act
s 54 83 s 54
Native Title (Queensland) State Provisions
Amendment
(b) geological and surveying field work that does not involve 1
clearing; 2
3
Examples--
4
· flagging of sites and sample locations
5
· geological reconnaissance and field mapping
6
· surveying that does not involve clearing.
(c) sampling by hand methods; 7
8
Examples--
9
· grab sampling
10
· mine tailings and mine mullock sampling
11
· panning and sieving
12
· rock chip sampling
13
· stream sediment sampling (disturbed and undisturbed samples)
14
· soil sampling (disturbed and undisturbed samples)
15
· water sampling.
(d) ground-based geophysical surveys that do not involve clearing; 16
17
Examples--
18
· potential-field methods of surveying, including, for example,
19
gravity, magnetic and radiometric surveys
20
· electrical methods of surveying, including, for example,
21
electromagnetic, ground penetrating radar, induced polarisation and
22
resistivity surveys
23
· seismic methods of surveying, including, for example, `hammer',
24
refraction and vibration-sourced surveys.
(e) drilling and activities associated with drilling that-- 25
(i) do not include clearing or site excavation, other than the 26
minimum necessary to establish a drill pad for a mobile rig; 27
and 28
(ii) do not include clearing for a road or track; 29
30
Examples--
31
· auger drilling
s 54 84 s 54
Native Title (Queensland) State Provisions
Amendment
1
· downhole geophysical logging
2
· mechanical drilling.
(f) environmental field work that does not involve clearing. 3
4
Examples--
5
· cultural heritage, environmental and geobotanical surveys
6
· environmental monitoring.
of "high impact exploration permit" 7
`Meaning
`483. For this part, a "high impact exploration permit" is an 8
exploration permit that-- 9
(a) is granted over land that is, or includes, non-exclusive land; and 10
(b) allows activities to be carried out that are not limited to low impact 11
activities. 12
2--Low impact exploration permits 13
`Division
1--Preliminary 14
`Subdivision
of div 2 15
`Application
`484.(1) This division applies to the granting of a proposed exploration 16
permit if-- 17
(a) the exploration permit is a low impact exploration permit; and 18
(b) the granting of the exploration permit is an act-- 19
(i) that affects native title rights and interests; and 20
(ii) to which the right to negotiate provisions would have 21
otherwise applied; and 22
(iii) that is an approved exploration etc. act under a determination 23
in force under section 26A(1) of the Commonwealth Native 24
Title Act. 25
s 54 85 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) However, this division applies to the granting of the proposed 1
exploration permit-- 2
(a) only to the extent that the exploration permit relates to a place that 3
is on the landward side of the mean high-water mark of the sea; 4
and 5
(b) only to the extent that the land the subject of the exploration 6
permit is non-exclusive land, whether or not an alternative 7
provision area. 8
`(3) The requirements of this division are additional to the requirements 9
of part 5. 10
for div 2 11
`Definitions
`485. In this division-- 12
"applicant" means the applicant for the proposed low impact exploration 13
permit. 14
"application notice" see section 486(1). 15
"consultation period" see section 490(1). 16
`Subdivision 2--Notification requirements 17
to notify 18
`Requirement
`486.(1) The applicant must give written notice (the "application 19
notice") of the applicant's intention to lodge an application for a low impact 20
exploration permit, or of the lodgement of the application, to-- 21
(a) each native title notification party for the land the subject of the 22
proposed exploration permit; and 23
(b) the Native Title Registrar. 24
`(2) The notice must be given no earlier than 1 month before the 25
lodgement, and no later than-- 26
(a) 7 days after the lodgement; or 27
s 54 86 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if, under section 487, the mining registrar has given a direction for 1
the giving of a new written notice--the end of the period 2
nominated in the direction. 3
`(3) The notice must state the following-- 4
(a) whether or not the application has been lodged; 5
(b) a clear description of the land, and its location; 6
(c) details of the activities proposed for the land under a program of 7
work; 8
(d) an outline of the expected impact on the land of the proposed 9
activities; 10
(e) that the applicant must not act under the permit applied for to enter 11
non-exclusive land unless the applicant has complied with all the 12
applicant's obligations for consultation with the native title 13
notification parties provided for in subdivision 3. 14
of mining registrar 15
`Notification
`487.(1) Within 2 days after the applicant has complied, or purportedly 16
complied, with the requirements of section 486, the applicant must give the 17
mining registrar information in the approved form about the applicant's 18
compliance with section 486. 19
`(2) A copy of the written notice given under section 486(1) must be 20
attached to the approved form. 21
`(3) If the mining registrar is satisfied that a written notice given, or 22
purportedly given, under section 486 has not been given in accordance with 23
the requirements of section 486(1) and (2), or does not comply with the 24
requirements of section 486(3), the mining registrar must-- 25
(a) give the applicant a written direction to give a new written notice 26
under section 486; and 27
(b) in the direction, nominate a period within which the direction 28
must be complied with. 29
s 54 87 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) The new notice, when given, must-- 1
(a) state that it is a replacement notice; and 2
(b) identify the previous notice. 3
`Subdivision 3--Consultation requirements before entry 4
to consult 5
`Requirement
`488.(1) It is a condition of a low impact exploration permit that the 6
permit holder must not act under the permit to enter, for the first time, any 7
area of non-exclusive land unless the holder has consulted with each native 8
title notification party for the area. 9
`(2) However, the condition does not require consultation with a native 10
title notification party if the party has given the permit holder a written notice 11
that the party does not wish to be consulted about the proposed activities 12
stated in the application notice. 13
matters 14
`Consultation
`489.(1) The purpose of the consultation is to minimise the impact of the 15
low impact exploration permit on the exercise of native title rights and 16
interests in relation to the land that will be affected under the permit. 17
`(2) In particular, the consultation must be about the matters mentioned in 18
section 26A(7)60 of the Commonwealth Native Title Act, as follows-- 19
(a) the protection and avoidance of any area or site, on the land or 20
waters to which the native title rights and interests relate, of 21
particular significance to the persons holding the native title in 22
accordance with their traditional laws and customs; 23
(b) any access to the land or waters to which the native title rights and 24
interests relate by-- 25
(i) the persons mentioned in paragraph (a); or 26
60 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 88 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) any person who will do anything that is authorised because 1
of, or results from, or otherwise relates to, the permit; 2
(c) the way in which any other thing that is authorised because of, 3
results from, or otherwise relates to, the permit and affects native 4
title rights and interests, is to be done. 5
period 6
`Consultation
`490.(1) The "consultation period", for an entry to an area-- 7
(a) starts on a day that must be-- 8
(i) not earlier than when the applicant is advised of the amount 9
of security decided by the Minister under section 144; and 10
(ii) at least 1 month after the notice of the day on which the 11
consultation period starts is given under subsection (2); and 12
(b) ends-- 13
(i) if subparagraph (ii) does not apply--2 months after the 14
consultation period starts; or 15
(ii) if, within 2 months after the consultation period starts, the 16
holder and the native title notification parties agree on a time, 17
which must be later than the time that would otherwise apply 18
under subparagraph (i), and advise the mining registrar in 19
writing of the agreed later time--at the agreed later time. 20
`(2) Notice of the day on which the consultation period starts, and the 21
area to which the consultation relates, must be given to each of the native 22
title notification parties for the area and to the mining registrar by-- 23
(a) if the permit has not been granted when the notice is given--the 24
applicant; or 25
(b) otherwise--by the holder of the granted exploration permit. 26
`(3) If at any time the holder and the native title notification parties agree 27
there has been enough consultation, the consultation period is taken to be 28
ended. 29
s 54 89 s 54
Native Title (Queensland) State Provisions
Amendment
title notification parties may seek mediation 1
`Native
`491.(1) In the consultation period for the entry to the area, a native title 2
notification party for the area may ask the mining registrar to hold a 3
conference for mediation about the impact of the permit. 4
`(2) Sections 169 to 174 apply to the conference as if the request were a 5
request by an owner of land affected by the application made under section 6
169(1)(a) by an owner of land mentioned in section 169(1)(a). 7
`(3) Despite section 170(3),61 a native title notification party or the permit 8
holder may be represented at the conference by a lawyer. 9
`(4) Subject to any order made under section 174,62 a party to the 10
conference must pay the party's own costs for the conference. 11
of result of consultation 12
`Notice
`492.(1) The permit holder must, as soon as practicable after the 13
consultation period ends, but in any event before the holder first enters the 14
area-- 15
(a) give a written notice complying with subsection (2) to the mining 16
registrar about the consultation; and 17
(b) give a copy of the notice to each native title notification party for 18
the area. 19
Maximum penalty--100 penalty units. 20
`(2) The written notice must state-- 21
(a) details of the consultation undertaken in the consultation period; 22
and 23
(b) any outcome of the consultation; and 24
(c) the day the holder proposes to first enter the area. 25
`(3) A native title notification party for the area may also give a written 26
notice about the consultation to the mining registrar if-- 27
61 Section 170 (Who may attend conference)
62 Section 174 (Tribunal may award costs)
s 54 90 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the written notice states-- 1
(i) details of the consultation undertaken in the consultation 2
period; and 3
(ii) any outcome of the consultation; and 4
(b) the written notice is also given to the permit holder and each other 5
native title notification party for the area. 6
registrar may recommend action 7
`Mining
`493.(1) The mining registrar may recommend action to the Minister to 8
address any matter raised by a native title notification party in the 9
consultation. 10
`(2) The Minister may give the exploration permit holder the directions 11
the Minister considers appropriate about the recommended action. 12
`(3) A failure by the holder to comply with the Minister's directions is 13
taken to be a breach of the conditions of the exploration permit. 14
`Division 3--High impact exploration permits on alternative provision 15
areas 16
1--Preliminary 17
`Subdivision
of div 3 18
`Application
`494.(1) This division applies to the granting of a proposed exploration 19
permit if-- 20
(a) the exploration permit is a high impact exploration permit; and 21
(b) the granting of the exploration permit is an act-- 22
(i) that affects native title rights and interests; and 23
(ii) to which the right to negotiate provisions would have 24
otherwise applied; and 25
s 54 91 s 54
Native Title (Queensland) State Provisions
Amendment
(c) a determination is in force under section 43A(1) of the 1
Commonwealth Native Title Act and this division is included in 2
the alternative provisions the subject of the determination. 3
`(2) However, this division applies to the granting of the proposed 4
exploration permit-- 5
(a) only to the extent that the exploration permit relates to a place that 6
is on the landward side of the mean high-water mark of the sea; 7
and 8
(b) only to the extent that the land the subject of the exploration 9
permit is non-exclusive land that is an alternative provision area. 10
`(3) The requirements of this division are additional to the requirements 11
of part 5. 12
`(4) Despite subsections (1) to (3), this division does not apply to the 13
granting of the exploration permit if the applicant elects that the additional 14
requirements stated in division 4 apply instead of the additional 15
requirements stated in this division. 16
for div 3 17
`Definitions
`495. In this division-- 18
"applicant" means the applicant for the proposed high impact exploration 19
permit. 20
"application notice" see section 497(1). 21
"closing day (native title issues)", for the proposed high impact 22
exploration permit, see section 498(3). 23
"consultation period", for the proposed high impact exploration permit, 24
see section 507. 25
"consultation start day" see section 506(1). 26
"contract conditions" see section 517. 27
"hearing day" see section 506(2). 28
"native title issues decision" see section 517. 29
s 54 92 s 54
Native Title (Queensland) State Provisions
Amendment
"notification day (native title issues)", for the proposed high impact 1
exploration permit, see section 498(2). 2
"objector" see section 509(3). 3
"registered native title party" see section 496. 4
of "registered native title party" for div 3 5
`Meaning
`496.(1) A "registered native title party" is a person who, at the time 6
the issue arises of whether or not the person is a registered native title party, 7
is a registered native title claimant or a registered native title body corporate 8
in relation to the land, or part of the land, the subject of the proposed high 9
impact exploration permit. 10
`(2) If a person (the "first person") becomes a registered native title 11
claimant because the first person replaces another person as the applicant in 12
relation to a claimant application, and the other person is a registered native 13
title party, the first person also replaces the other person as the registered 14
native title party. 15
`Subdivision 2--Notification requirements and right to object 16
to notify 17
`Requirement
`497.(1) The applicant must give a written notice (the "application 18
notice") about the proposed high impact exploration permit to-- 19
(a) all native title notification parties for the land the subject of the 20
proposed permit; and 21
(b) the Native Title Registrar. 22
`(2) The notice must be given-- 23
(a) within 14 days of the applicant being notified of the Minister's 24
decision, under section 144(1) or (3), 63 of the amount of security 25
to be deposited if the permit is granted; or 26
63 Section 144 (Provision of security)
s 54 93 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if, under section 499, the mining registrar has given a direction for 1
the giving of a new written notice--within the period nominated 2
in the direction. 3
`(3) The notice may be about more than 1 proposed permit. 4
of notice 5
`Content
`498.(1) The application notice must state the following-- 6
(a) the following days for the proposed high impact exploration 7
permit-- 8
(i) the notification day (native title issues); 9
(ii) the closing day (native title issues); 10
(b) a clear description of the land, and its location; 11
(c) a description of the nature of the proposed permit; 12
(d) that the proposed permit, if granted, will be granted by the 13
Minister; 14
(e) how further information about the proposed permit can be 15
obtained from the applicant or the mining registrar; 16
(f) that registered native title parties have a right to object to the 17
granting of the proposed permit so far as it affects their registered 18
native title rights and interests; 19
(g) that an objection must-- 20
(i) be in the approved form; and 21
(ii) state the grounds for objection and the facts and 22
circumstances relied on in support of the grounds; and 23
(iii) be lodged with the mining registrar on or before the closing 24
day (native title issues); 25
(h) that if a registered native title party objects, the applicant must 26
consult with the party. 27
s 54 94 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) The "notification day (native title issues)" must be a day that may 1
reasonably be assumed to be a day by which the written notice will have 2
been received by each person to whom it is to be given. 3
`(3) The "closing day (native title issues)" must be a day at least 2 4
months after the notification day (native title issues). 5
of mining registrar 6
`Notification
`499.(1) Within 2 days after the applicant has complied, or purportedly 7
complied, with the requirements of sections 497 and 498, the applicant must 8
give the mining registrar information in the approved form about the 9
applicant's compliance with sections 497 and 498. 10
`(2) A copy of the written notice given under section 497 must be 11
attached to the approved form. 12
`(3) If the mining registrar is satisfied a written notice given, or 13
purportedly given, under section 497 has not been given under section 497, 14
or does not comply with the requirements of section 498, the mining 15
registrar must-- 16
(a) give the applicant a written direction to give a new written notice 17
under sections 497 and 498; and 18
(b) in the direction, nominate a period within which the direction 19
must be complied with. 20
`(4) The new notice, when given, must-- 21
(a) state that it is a replacement notice; and 22
(b) identify the previous notice. 23
to object 24
`Right
`500.(1) Each registered native title party has a right to object to the 25
granting of the proposed high impact exploration permit so far as it is likely 26
to affect their registered native title rights and interests. 27
`(2) An objection must-- 28
(a) be in the approved form; and 29
s 54 95 s 54
Native Title (Queensland) State Provisions
Amendment
(b) state the grounds for objection; and 1
(c) be lodged with the mining registrar on or before the closing day 2
(native title issues). 3
`(3) If at any time a person who has lodged an objection under this 4
section stops being a registered native title party, the objection is taken never 5
to have been lodged. 6
`(4) However, an objection continues to have effect as an objection if the 7
person who lodged the objection stops being a registered native title party 8
because-- 9
(a) the person is replaced by another person (the "replacing 10
person") under section 66B64 of the Commonwealth Native Title 11
Act; or 12
(b) an approved determination of native title that native title exists is 13
made, and immediately before the determination is made, the 14
person is a registered native title claimant. 15
`(5) If an objection continues to have effect as an objection because of 16
subsection (4)(a), the objection it taken to have been lodged by the replacing 17
person. 18
`(6) If an objection continues to have effect as an objection because of 19
subsection (4)(b), the objection it taken to have been lodged by the relevant 20
registered native title body corporate. 21
of additional requirements if no objection lodged 22
`Ending
`501. If no objection is lodged by the closing day (native title issues), the 23
additional requirements under subdivisions 3 and 4 stop applying for the 24
proposed high impact exploration permit. 25
64 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act
s 54 96 s 54
Native Title (Queensland) State Provisions
Amendment
3--Consultation and mediation 1
`Subdivision
of sdiv 3 2
`Application
`502. This subdivision applies only if an objection is lodged by the 3
closing day (native title issues). 4
of objections by mining registrar 5
`Notice
`503. The mining registrar, must as soon as practicable after the closing 6
day (native title issues) give the applicant-- 7
(a) a copy of each objection; and 8
(b) a written notice that the applicant must-- 9
(i) consult with all objectors; and 10
(ii) fix the consultation start day; and 11
(iii) give written notice of the day to each objector and the mining 12
registrar. 13
to consult 14
`Requirement
`504.(1) The applicant must consult with each objector under this 15
subdivision. 16
`(2) Nothing in this subdivision stops the applicant and an objector 17
discussing consultation matters outside the consultation period. 18
matters 19
`Consultation
`505. The consultation must be about ways of minimising the effect of 20
the grant of the proposed high impact exploration permit on registered 21
native title rights and interests of the objectors in relation to the land or 22
waters concerned, including any access to the land or waters or the way in 23
which anything authorised by the permit may be done. 24
s 54 97 s 54
Native Title (Queensland) State Provisions
Amendment
of consultation start day and hearing day 1
`Fixing
`506.(1) The applicant must-- 2
(a) fix a day for the consultation to start (the "consultation start 3
day"), which must be within 2 months after the closing day 4
(native title issues), but not earlier than 14 days after the closing 5
day (native title issues); and 6
(b) give written notice of the consultation start day to each objector 7
and the mining registrar at least 7 days before the consultation 8
start day. 9
`(2) The mining registrar must, as soon as practicable after receiving the 10
notice, fix a day (the "hearing day") for the tribunal to hear the objections. 11
`(3) The hearing day must be after the consultation period ends. 12
`(4) After fixing the hearing day, the mining registrar must notify the 13
applicant and each objector of the day. 14
period 15
`Consultation
`507.(1) The "consultation period" for the proposed high impact 16
exploration permit-- 17
(a) starts on the consultation start day; and 18
(b) ends 2 months after the consultation start day, or if a later time is 19
agreed under subsection (2), at the agreed later time. 20
`(2) The consultation period may be extended to an agreed later time if, 21
within 2 months after the consultation start day-- 22
(a) the applicant and objectors agree to the extension; and 23
(b) the applicant notifies the mining registrar in writing of the 24
extension. 25
`(3) The agreed later time under subsection (2) must not be later than the 26
end of 4 months after the consultation start day. 27
s 54 98 s 54
Native Title (Queensland) State Provisions
Amendment
for mediation 1
`Request
`508.(1) At any time in the consultation period, the applicant or an 2
objector may ask for mediation to help in resolving issues relevant to the 3
consultation. 4
`(2) If a request for mediation is made, mediation must be carried out in 5
the consultation period by-- 6
(a) a mediator chosen by the applicant and the objectors; or 7
(b) if the applicant and the objectors are not able to agree on a 8
mediator and the applicant or an objector asks the tribunal to 9
provide the mediation--the tribunal, or a mediator chosen by the 10
tribunal. 11
for consultation--guidelines for applicant 12
`Process
`509.(1) This section sets out guidelines for the applicant to consult under 13
this subdivision. 14
`(2) The consultation should start as soon as practicable after the 15
consultation period starts. 16
`(3) The applicant should-- 17
(a) give each registered native title party who objects under 18
section 500 ("objector") information about the activities under 19
the application; and 20
(b) convene at least 1 meeting ("consultation meeting") to provide a 21
reasonable opportunity for all objectors to be given a presentation 22
about the activities proposed under the high impact exploration 23
permit. 24
`(4) A consultation meeting may be-- 25
(a) in the town or city where the mining registrar is located; or 26
(b) in a town or city in which there is an office of the representative 27
Aboriginal/Torres Strait Islander body for the area that includes 28
the alternative provision area; or 29
(c) at another place agreed between the applicant and the objectors. 30
s 54 99 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) A consultation meeting should be convened at a time and place 1
suitable for maximising attendance. 2
`(6) If the applicant has convened a consultation meeting under 3
subsection (3)(b), the meeting is taken to have happened even though not 4
all, or none, of the objectors attended the meeting. 5
`(7) The presentation mentioned in subsection (3)(b) should be directed at 6
providing objectors with an understanding of the anticipated nature, extent 7
and impact of the project authorised by the grant of the proposed high 8
impact exploration permit. 9
with or without conditions 10
`Agreement
`510.(1) This section applies if an agreement for the grant of the 11
proposed high impact exploration permit is reached between the applicant 12
and each objector, whether or not the agreement includes conditions to be 13
complied with by the applicant or an objector if the proposed high impact 14
exploration permit is granted. 15
`(2) The applicant must give a written notice to the mining registrar 16
stating that an agreement has been reached, and must include with the notice 17
a copy of the agreement signed by the applicant and each objector. 18
`(3) When the notice is given-- 19
(a) the additional requirements provided for under subdivision 4 stop 20
applying; and 21
(b) the mining registrar must notify the tribunal that the agreement 22
has been reached. 23
with conditions 24
`Agreement
`511.(1) This section applies if an agreement for the grant of the 25
proposed high impact exploration permit is reached between the applicant 26
and each objector, and the agreement includes conditions to be complied 27
with by the applicant or an objector if the proposed high impact exploration 28
permit is granted. 29
`(2) The agreement has effect, if the proposed permit is granted, as if-- 30
s 54 100 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the conditions included in the agreement are the terms of a 1
contract; and 2
(b) the applicant and the objector are parties to the contract; and 3
(c) if an objector is a registered native title claimant--any individual 4
included in the native title claim group concerned is a party to the 5
contract. 6
`(3) Subsection (2) has effect in addition to any other effect that the 7
agreement may have apart from under subsection (2). 8
4--Hearing of objections and tribunal's decision 9
`Subdivision
of objections by tribunal 10
`Hearing
`512.(1) If the consultation period has ended and an agreement between 11
the applicant and each objector for the grant of the proposed high impact 12
exploration permit has not been reached, the tribunal must-- 13
(a) starting on the hearing day, hear all the objections; and 14
(b) make a native title issues decision. 15
`(2) However, the applicant and the objectors may continue to consult to 16
reach an agreement for the grant of the high impact exploration permit. 17
`(3) If an agreement is reached, the tribunal may not make a native title 18
issues decision under this subdivision. 19
for hearing 20
`Directions
`513. The tribunal may give directions to the applicant and the objectors, 21
including directions about the filing and serving of-- 22
(a) a statement by each objector, stating the effect of the grant of the 23
proposed high impact exploration permit on the objector's 24
registered native title rights and interests; or 25
(b) submissions by the applicant or any objector on the matters the 26
tribunal must consider at the hearing. 27
s 54 101 s 54
Native Title (Queensland) State Provisions
Amendment
agreed issues 1
`Identifying
`514. Before making a native title issues decision the tribunal must 2
establish whether there are any issues relevant to its decision on which the 3
applicant and any objector are currently in agreement. 4
tribunal must consider 5
`Matters
`515. In making a native title issues decision, the tribunal must 6
consider-- 7
(a) the content of all objections lodged and submissions made; and 8
(b) the effect of the grant of the proposed high impact exploration 9
permit on each objector's registered native title rights and 10
interests; and 11
(c) any way to minimise the impact of the grant of the proposed 12
permit on the registered native title rights and interests of the 13
objectors, including in relation to-- 14
(i) any access to the land the subject of the proposed permit; and 15
(ii) the way in which anything authorised under the proposed 16
permit might be done. 17
(d) any issues agreed between the applicant and an objector. 18
time requirement for hearing 19
`General
`516.(1) The tribunal must take all reasonable steps to ensure a native title 20
issues decision is made within 2 months after the hearing day. 21
`(2) If a native title issues decision is not made within the 2 months, the 22
tribunal must, as soon as practicable after the 2 months ends, give a written 23
notice to the Minister-- 24
(a) advising why a native title issues decision has not yet been made; 25
and 26
(b) giving an estimate of when a native title issues decision is likely to 27
be made. 28
s 54 102 s 54
Native Title (Queensland) State Provisions
Amendment
of "native title issues decision" 1
`Meaning
`517. A "native title issues decision" is 1 of the following-- 2
(a) that the proposed high impact exploration permit may be granted; 3
(b) that the proposed high impact exploration permit may be granted, 4
but subject to either or both of the following-- 5
(i) that conditions, described or identified in the native title 6
issues decision, are to be included in the permit; 7
(ii) that conditions ("contract conditions"), described or 8
identified in the native title issues decision, are required to be 9
complied with by 1 or more of the applicant and the 10
objectors (even though the conditions are not included in the 11
permit); 12
(c) that the proposed high impact exploration permit should not be 13
granted. 14
of native title issues decision to Minister 15
`Advice
`518. The tribunal must give the Minister a copy of the native title issues 16
decision. 17
of native title issues decision 18
`Effect
`519. The native title issues decision must be complied with by the 19
Minister unless the Minister overrules the native title issues decision under 20
section 521. 21
conditions 22
`Contract
`520.(1) If the Minister grants the proposed high impact exploration 23
permit, a contract condition has effect in addition to any effect that it may 24
have other than under this subsection, as if it were included in the terms of a 25
contract between the holder and each objector. 26
`(2) If an objector is a registered native title claimant, any individual 27
included in the native title claim group concerned is a party to the contract. 28
s 54 103 s 54
Native Title (Queensland) State Provisions
Amendment
of native title issues decision 1
`Overruling
`521.(1) The Minister may overrule the native title issues decision only 2
if-- 3
(a) the Minister principally responsible for indigenous affairs has 4
been given a copy of the native title issues decision and is 5
consulted about-- 6
(i) the native title issues decision; and 7
(ii) the Minister's proposed substituted decision under 8
subsection (2); and 9
(b) the consultation is taken into account; and 10
(c) it is in the interests of Queensland to overrule the native title 11
issues decision.65 12
`(2) If the Minister overrules the native title issues decision, the Minister 13
must make a substituted decision, and the substituted decision has effect as 14
the native title issues decision. 15
`(3) The Minister must give a copy of the substituted decision to the 16
tribunal, the applicant and each objector. 17
`(4) In this section-- 18
"in the interests of Queensland" includes-- 19
(a) for the social or economic benefit of Queensland, including of 20
Aboriginal peoples and Torres Strait Islanders; and 21
(b) in the interests of the relevant region or locality in Queensland. 22
`Division 4--High impact exploration permits not on alternative 23
provision areas 24
of div 4 25
`Application
`522.(1) This division applies to the granting of a proposed exploration 26
permit if-- 27
65 See also section 383 (Appeals from tribunal)
s 54 104 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the exploration permit is a high impact exploration permit; and 1
(b) the granting of the exploration permit is an act-- 2
(i) that affects native title rights and interests; and 3
(ii) to which the right to negotiate provisions would have 4
otherwise applied; and 5
(c) a determination is in force under section 43(1) of the 6
Commonwealth Native Title Act and this division is included in 7
the alternative provisions the subject of the determination. 8
`(2) However, this division applies to the granting of the proposed 9
exploration permit-- 10
(a) only to the extent that the exploration permit relates to a place that 11
is on the landward side of the mean high-water mark of the sea; 12
and 13
(b) only to the extent that the land the subject of the exploration 14
permit is non-exclusive land other than an alternative provision 15
area. 16
`(3) The requirements of this division are additional to the requirements 17
of part 5. 18
`(4) Despite subsections (1) to (3), this division also applies to the 19
granting of a high impact exploration permit to the extent that the land the 20
subject of the proposed exploration permit is non-exclusive land that is an 21
alternative provision area, if the applicant elects under division 3 that the 22
additional requirements stated in this division apply instead of the additional 23
requirements stated in division 3. 24
s 54 105 s 54
Native Title (Queensland) State Provisions
Amendment
for grant 1
`Requirements
`523.(1) The additional requirements applying under part 17, division 466 2
for the granting of a proposed mining lease also apply for the granting of the 3
proposed high impact exploration permit. 4
`(2) The requirements apply with necessary changes. 5
pt 17, div 4 for grant 6
`Applying
`524.(1) This section-- 7
(a) applies for applying the provisions of part 17, division 4; and 8
(b) does not limit section 523(1). 9
`(2) References to the Governor in Council are taken to be references to 10
the Minister. 11
`(3) For applying section 652, section 652(3)(a) does not apply, and the 12
following period is substituted for the periods mentioned in 13
section 652(3)(b)(i) and (ii), that is, the period of 14 days after the applicant 14
is notified of the Minister's decision under section 144(1)67 or (3) of the 15
amount of security to be deposited if the permit is granted. 16
`(4) For applying section 669, the pre-referral period is-- 17
(a) the period of 6 months starting on the notification day (native title 18
issues); or 19
(b) if the registered native title parties and the applicant agree on a 20
time, which must be later than the time that would otherwise 21
apply under paragraph (a), and advise the mining registrar in 22
writing of the agreed later time--the period ending at the agreed 23
later time. 24
66 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas)
67 Section 144 (Provision of security)
s 54 106 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) For applying part 17, division 4, subdivisions 4 and 5,68 if the 1
proposed exploration permit is referred to the tribunal for a native title issues 2
decision, there is not a combined hearing, but the mining registrar must fix a 3
date for a hearing for the native title issues decision, including the hearing of 4
any objections lodged under section 668 as applied under this section. 5
`(6) Sections 675(2), 681(4) and (5), 682 and 688 and part 17, division 4, 6
subdivision 769 do not apply. 7
`(7) Section 676 does not apply, but the tribunal must advise the Minister 8
of its native title issues decision. 9
`(8) Section 680 does not apply, but the native title issues decision must 10
be complied with by the Minister unless it is overruled under part 17, 11
division 4, subdivision 6.70 12
`(9) A reference in part 17, division 4 to a provision of part 7 is taken to 13
be a reference to a corresponding provision of part 5. 14
5--Renewals of exploration permits 15
`Division
of div 5 16
`Application
`525.(1) This division applies to the renewal of an exploration permit if-- 17
(a) the exploration permit is a low impact exploration permit; and 18
(b) the renewal of the exploration permit is an act-- 19
(i) that affects native title rights and interests; and 20
68 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivisions 4 (Referral and native
title issues decision) and 5 (Requirements for combined hearing)
69 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivision 7 (Special provisions
about completion of combined hearing and making of native titles issues
decision)
70 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivision 6 (Overruling of native
title issues decision)
s 54 107 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) to which the right to negotiate provisions would have 1
otherwise applied; and 2
(iii) that is an approved exploration etc. act under a determination 3
in force under section 26A(1) of the Commonwealth Native 4
Title Act. 5
`(2) However, this division applies to the renewal of an exploration 6
permit mentioned in subsection (1) only to the extent that the land the 7
subject of the exploration permit is non-exclusive land, whether or not an 8
alternative provision area. 9
`(3) This division also applies to the renewal of an exploration permit 10
if-- 11
(a) the exploration permit is a high impact exploration permit; and 12
(b) the renewal of the exploration permit is an act-- 13
(i) that affects native title rights and interests; and 14
(ii) to which the right to negotiate provisions would have 15
otherwise applied; and 16
(c) a determination is in force under section 43A(1) of the 17
Commonwealth Native Title Act and this division is included in 18
the alternative provisions the subject of the determination. 19
`(4) However, this division applies to the renewal of an exploration 20
permit mentioned in subsection (3) only to the extent that the land the 21
subject of the exploration permit is non-exclusive land that is an alternative 22
provision area. 23
`(5) This division also applies to the renewal of an exploration permit 24
if-- 25
(a) the exploration permit is a high impact exploration permit; and 26
(b) the renewal of the exploration permit is an act-- 27
(i) that affects native title rights and interests; and 28
(ii) to which the right to negotiate provisions would have 29
otherwise applied; and 30
s 54 108 s 54
Native Title (Queensland) State Provisions
Amendment
(c) a determination is in force under section 43(1) of the 1
Commonwealth Native Title Act and this division is included in 2
the alternative provisions the subject of the determination. 3
`(6) However, this division applies to the renewal of an exploration 4
permit mentioned in subsection (5) only to the extent that the land the 5
subject of the exploration permit is non-exclusive land other than an 6
alternative provision area. 7
`(7) This division applies to the renewal of an exploration permit 8
mentioned in subsection (1), (3) or (5) only to the extent that the exploration 9
permit relates to a place that is on the landward side of the mean high-water 10
mark of the sea. 11
`(8) The requirements of this division are additional to the requirements 12
of part 5. 13
`(9) In this section-- 14
"renewal", of an exploration permit, includes-- 15
(a) the re-grant of the exploration permit; and 16
(b) the re-making of the exploration permit; and 17
(c) the extension of the term of the exploration permit. 18
for renewal--applying div 2 19
`Requirements
`526.(1) If this division applies to the renewal of an exploration permit 20
because of section 525(1), the additional requirements applying under 21
division 271 for the granting of a low impact exploration permit also apply 22
for the renewal. 23
`(2) The requirements apply with necessary changes. 24
71 Division 2 (Low impact exploration permits)
s 54 109 s 54
Native Title (Queensland) State Provisions
Amendment
for renewal--applying div 3 1
`Requirements
`527.(1) If this division applies to the renewal of an exploration permit 2
because of section 525(3), the additional requirements applying under 3
division 3 72 for the granting of a high impact exploration permit on an 4
alternative provision area also apply for the renewal. 5
`(2) The requirements apply with necessary changes. 6
div 3 for renewal 7
`Applying
`528.(1) This section-- 8
(a) applies for applying the provisions of division 3; and 9
(b) does not limit section 527. 10
`(2) For applying section 514, the tribunal must also, before making its 11
native title issues decision, ask the Minister about the extent to which the 12
Minister is satisfied that the holder of the exploration permit proposed to be 13
renewed has complied with the conditions of the exploration permit. 14
`(3) For applying section 515, the tribunal must also consider 15
information received from the Minister under subsection (2). 16
for renewal--applying div 4 17
`Requirements
`529.(1) If this division applies to the renewal of an exploration permit 18
because of section 525(5), the additional requirements applying under 19
division 473 for the granting of a high impact exploration permit on 20
non-exclusive land other than an alternative provision area also apply for the 21
renewal. 22
`(2) The requirements apply with necessary changes. 23
div 4 for renewal 24
`Applying
`530.(1) This section-- 25
72 Division 3 (High impact exploration permits on alternative provision areas)
73 Division 4 (High impact exploration permits not on alternative provision areas)
s 54 110 s 54
Native Title (Queensland) State Provisions
Amendment
(a) applies for applying the provisions of division 4; and 1
(b) does not limit section 529. 2
`(2) For applying section 524, subsections (3) and (4) of this section are 3
taken to be included in section 524. 4
`(3) The tribunal must, before making its native title issues decision, ask 5
the Minister about the extent to which the Minister is satisfied that the holder 6
of the exploration permit proposed to be renewed has complied with the 7
conditions of the exploration permit. 8
`(4) For applying section 677, the tribunal must also consider 9
information received from the Minister under subsection (3). 10
`Division 6--Requirements for subsidiary approvals 11
of div 6 12
`Application
`531.(1) This division applies to the following-- 13
(a) the variation of the conditions of a low impact exploration permit 14
over non-exclusive land to allow for activities not limited to low 15
impact activities; 16
(b) the variation of the conditions of a high impact exploration permit 17
on an alternative provision area to allow for activities not limited 18
to low impact activities on non-exclusive land, other than an 19
alternative provision area; 20
(c) the variation of the conditions of an exploration permit granted on 21
land where native title has been extinguished to include 22
non-exclusive land; 23
(d) the addition, under section 176A,74 of land to an exploration 24
permit granted over land where native title has been extinguished 25
to include non-exclusive land. 26
`(2) However, this division applies to the variation or addition only if-- 27
(a) either of the following applies-- 28
74 Section 176A (Application to add excluded land to existing permit)
s 54 111 s 54
Native Title (Queensland) State Provisions
Amendment
(i) for the variation of conditions--were the exploration permit 1
to be granted again, but containing only the varied 2
conditions, the granting would be an act affecting native title 3
rights and interests; 4
(ii) for the addition of land--were the mining claim to be 5
granted again, but only for the added land, the granting 6
would be an act affecting native title rights and interests; and 7
(b) the variation or addition is an act to which the right to negotiate 8
provisions would have otherwise applied; and 9
(c) either of the following applies to the variation or addition-- 10
(i) the variation or addition is an approved exploration etc. act 11
under a determination in force under section 26A(1) of the 12
Commonwealth Native Title Act; 13
(ii) a determination is in force under section 43(1) or 43A(1) of 14
the Commonwealth Native Title Act about alternative 15
provisions applying to the variation or addition, and this 16
division is included in the alternative provisions. 17
`(3) This division applies to the variation or addition only to the extent 18
that the variation or addition relates to a place that is on the landward side of 19
the mean high-water mark of the sea. 20
`(4) The requirements of this division are additional to the requirements 21
of part 5. 22
for variation--low impact exploration permit 23
`Requirements
`532.(1) For the variation of the conditions of a low impact exploration 24
permit to allow for activities not limited to low impact activities on an 25
alternative provision area, division 375 applies, with necessary changes, as if 26
the variation were the granting of a high impact exploration permit. 27
75 Division 3 (High impact exploration permits on alternative provision areas)
s 54 112 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) For the variation of the conditions of a low impact exploration permit 1
to allow for activities not limited to low impact activities on non-exclusive 2
land, other than an alternative provision area, division 4 applies, with 3
necessary changes, as if the variation were the granting of a high impact 4
exploration permit. 5
for variation--high impact exploration permit 6
`Requirements
`533. For the variation of the conditions of a high impact exploration 7
permit for an alternative provision area to allow for activities not limited to 8
low impact activities on non-exclusive land other than an alternative 9
provision area, division 476 applies, with necessary changes, as if the 10
variation were the granting of the high impact exploration permit. 11
for variation or addition--other exploration permits 12
`Requirements
`534.(1) This section applies to the variation of the conditions of an 13
exploration permit granted only over land where native title has been 14
extinguished to include non exclusive land. 15
`(2) This section also applies to the addition, under section 176A, of land 16
to an exploration permit granted only over land where native title has been 17
extinguished to include non-exclusive land. 18
`(3) If the variation or addition is only for low impact activities, 19
division 277 applies, with necessary changes, as if the variation or addition 20
were the granting of the exploration permit. 21
`(4) If the variation or addition is for activities not limited to low impact 22
activities on an alternative provision area, division 378 applies, with 23
necessary changes, as if the variation or addition were the granting of the 24
exploration permit. 25
76 Division 4 (High impact exploration permits not on alternative provision areas)
77 Division 2 (Low impact exploration permits)
78 Division 3 (High impact exploration permits on alternative provision areas)
s 54 113 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) If the variation or addition is for activities not limited to low impact 1
activities on non-exclusive land, other than an alternative provision area, 2
division 479 applies, with necessary changes, as if the variation or addition 3
were the granting of the exploration permit. 4
`PART 16--NATIVE TITLE PROVISIONS FOR 5
MINERAL DEVELOPMENT LICENCES 6
`Division 1--Preliminary 7
of pt 16 8
`Purpose
`535.(1) The purpose of this part is-- 9
(a) to state additional requirements that apply for-- 10
(i) the granting of a proposed mineral development licence, or 11
the variation or renewal of a mineral development licence, 12
under part 6 if the licence is a low impact mineral 13
development licence over non-exclusive land; and 14
(ii) the exercise of the entitlement, under a low impact mineral 15
development licence, to enter non-exclusive land; and 16
(b) in stating the additional requirements, to provide a basis for a 17
determination by the Commonwealth Minister under 18
section 26A80 of the Commonwealth Native Title Act. 19
`(2) The purpose of this part is also-- 20
79 Division 4 (High impact exploration permits not on alternative provision areas)
80 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 114 s 54
Native Title (Queensland) State Provisions
Amendment
(a) to state additional requirements that apply for the granting of a 1
proposed mineral development licence, or the variation or renewal 2
of a mineral development licence, under part 6 if the licence is a 3
high impact mineral development licence over-- 4
(i) an alternative provision area; or 5
(ii) non-exclusive land other than land that includes all or part of 6
an alternative provision area; and 7
(b) in stating the additional requirements, to provide alternative 8
provisions under sections 43 and 43A81 of the Commonwealth 9
Native Title Act. 10
application of pt 16 to mineral development licence in 11
`Limited
approved opal or gem mining area 12
`536. This part does not apply to an act relating to a mineral development 13
licence in an approved opal or gem mining area to the extent that the act is 14
excluded from the application of the right to negotiate provisions under 15
section 26(2)(d)82 of the Commonwealth Native Title Act. 16
of "low impact mineral development licence" 17
`Meaning
`537. For this part, a "low impact mineral development licence" is a 18
mineral development licence that-- 19
(a) is granted over land that is, or includes, non-exclusive land; and 20
(b) has a condition that, to the extent that the land the subject of the 21
licence is non-exclusive land, only low impact activities may be 22
carried out. 23
81 Sections 43 (Modification of Subdivision if satisfactory alternative State or
Territory provisions) and 43A (Exception to right to negotiate: satisfactory
State/Territory provisions) of the Commonwealth Native Title Act
82 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act
s 54 115 s 54
Native Title (Queensland) State Provisions
Amendment
of "low impact activity" 1
`Meaning
`538. For this part, a "low impact activity", for a mineral development 2
licence, means the following activities-- 3
(a) aerial surveys; 4
5
Examples--
6
geological, geophysical, photogrammetric and topographic aerial surveys.
(b) geological and surveying field work that does not involve 7
clearing; 8
9
Examples--
10
· flagging of sites and sample locations
11
· geological reconnaissance and field mapping
12
· surveying that does not involve clearing.
(c) sampling by hand methods; 13
14
Examples--
15
· grab sampling
16
· mine tailings and mine mullock sampling
17
· panning and sieving
18
· rock chip sampling
19
· stream sediment sampling (disturbed and undisturbed samples)
20
· soil sampling (disturbed and undisturbed samples)
21
· water sampling.
(d) ground-based geophysical surveys that do not involve clearing; 22
23
Examples--
24
· potential-field methods of surveying, including, for example,
25
gravity, magnetic and radiometric surveys
26
· electrical methods of surveying, including, for example,
27
electromagnetic, ground penetrating radar, induced polarisation and
28
resistivity surveys
29
· seismic methods of surveying, including, for example, `hammer',
30
refraction and vibration-sourced surveys.
s 54 116 s 54
Native Title (Queensland) State Provisions
Amendment
(e) drilling and activities associated with drilling that-- 1
(i) do not include clearing or site excavation, other than the 2
minimum necessary to establish a drill pad for a mobile rig; 3
and 4
(ii) do not include clearing for a road or track; 5
6
Examples--
7
· auger drilling
8
· downhole geophysical logging.
9
· mechanical drilling.
(f) environmental field work that does not involve clearing; 10
11
Examples--
12
· cultural heritage, environmental and geobotanical surveys
13
· environmental monitoring.
(g) investigations associated with mine feasibility and development. 14
15
Examples--
16
· engineering and design studies
17
· environmental studies and monitoring.
of "high impact mineral development licence" 18
`Meaning
`539. For this part, a "high impact mineral development licence" is a 19
mineral development licence that-- 20
(a) is granted over land that is, or includes, non-exclusive land; and 21
(b) allows activities to be carried out that are not limited to low impact 22
activities. 23
s 54 117 s 54
Native Title (Queensland) State Provisions
Amendment
2--Low impact mineral development licences 1
`Division
1--Preliminary 2
`Subdivision
of div 2 3
`Application
`540.(1) This division applies to the granting of a proposed mineral 4
development licence if-- 5
(a) the mineral development licence is a low impact mineral 6
development licence; and 7
(b) the granting of the mineral development licence is an act-- 8
(i) that affects native title rights and interests; and 9
(ii) to which the right to negotiate provisions would have 10
otherwise applied; and 11
(iii) that is an approved exploration etc. act under a determination 12
in force under section 26A(1) of the Commonwealth Native 13
Title Act. 14
`(2) However, this division applies to the granting of the proposed 15
mineral development licence-- 16
(a) only to the extent that the mineral development licence relates to a 17
place that is on the landward side of the mean high-water mark of 18
the sea; and 19
(b) only to the extent that the land the subject of the mineral 20
development licence is non-exclusive land, whether or not an 21
alternative provision area. 22
`(3) The requirements of this division are additional to the requirements 23
of part 6. 24
for div 2 25
`Definitions
`541. In this division-- 26
"applicant" means the applicant for the proposed low impact mineral 27
development licence. 28
s 54 118 s 54
Native Title (Queensland) State Provisions
Amendment
"application notice" see section 542(1). 1
"consultation period" see section 546. 2
"consultation start day", for a mineral development licence, see 3
section 546(1)(a). 4
`Subdivision 2--Notification requirements 5
to notify 6
`Requirement
`542.(1) The applicant must give written notice (the "application 7
notice") of the applicant's intention to lodge an application for a low impact 8
mineral development licence, or of the lodgement of the application, to-- 9
(a) each native title notification party for the land the subject of the 10
proposed mineral development licence; and 11
(b) the Native Title Registrar. 12
`(2) The notice must be given no earlier than 1 month before the 13
lodgement, and no later than-- 14
(a) 7 days after the lodgement; or 15
(b) if, under section 543, the mining registrar has given a direction for 16
the giving of a new written notice--the end of the period 17
nominated in the direction. 18
`(3) The notice must state the following-- 19
(a) whether or not the application has been lodged; 20
(b) a clear description of the land, and its location; 21
(c) details of the activities proposed for the land; 22
(d) an outline of the expected impact on the land of the proposed 23
activities; 24
(e) that the applicant must not act under the licence applied for to 25
enter non-exclusive land unless the applicant has complied with 26
all the applicant's obligations for consultation with the native title 27
notification parties provided for in subdivision 3. 28
s 54 119 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) The notice may also state a day for consultation to start under 1
subdivision 3. 2
`(5) The day must be at least 1 month after the giving of the notice to all 3
of the native title notification parties. 4
of mining registrar 5
`Notification
`543.(1) Within 2 days after the applicant has complied, or purportedly 6
complied, with the requirements of section 542, the applicant must give the 7
mining registrar information in the approved form about the applicant's 8
compliance with section 542. 9
`(2) A copy of the written notice given under section 542(1) must be 10
attached to the approved form. 11
`(3) If the mining registrar is satisfied that a written notice given, or 12
purportedly given, under section 542 has not been given in accordance with 13
the requirements of section 542(1) and (2), or does not comply with the 14
requirements of section 542(3) to (5), the mining registrar must-- 15
(a) give the applicant a written direction to give a new written notice 16
under section 542; and 17
(b) in the direction, nominate a period within which the direction 18
must be complied with. 19
`(4) The new notice, when given, must-- 20
(a) state that it is a replacement notice; and 21
(b) identify the previous notice. 22
`Subdivision 3--Consultation requirements before entry 23
to consult 24
`Requirement
`544.(1) It is a condition of a low impact mineral development licence 25
that the licence holder must not act under the licence to enter, for the first 26
time, non-exclusive land unless the holder has consulted with each native 27
title notification party for the land to which the licence relates. 28
s 54 120 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) However, the condition does not require consultation with a native 1
title notification party if the party has given the licence holder a written 2
notice that the party does not wish to be consulted about the proposed 3
activities stated in the application notice. 4
matters 5
`Consultation
`545.(1) The purpose of the consultation is to minimise the impact of the 6
low impact mineral development licence on the exercise of native title rights 7
and interests in relation to the land that will be affected under the licence. 8
`(2) In particular, the consultation must be about the matters mentioned in 9
section 26A(7)83 of the Commonwealth Native Title Act, as follows-- 10
(a) the protection and avoidance of any area or site, on the land or 11
waters to which the native title rights and interests relate, of 12
particular significance to the persons holding the native title in 13
accordance with their traditional laws and customs; 14
(b) any access to the land or waters to which the native title rights and 15
interests relate by-- 16
(i) the persons mentioned in paragraph (a); or 17
(ii) any person who will do anything that is authorised because 18
of, or results from, or otherwise relates to, the licence; 19
(c) the way in which any other thing that is authorised because of, 20
results from, or otherwise relates to, the licence and affects native 21
title rights and interests, is to be done. 22
period 23
`Consultation
`546.(1) The "consultation period" for the licence-- 24
(a) starts on the day (the "consultation start day")-- 25
(i) stated for that purpose in the application notice for the 26
licence; or 27
83 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title
Act
s 54 121 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) if the day was not stated in the application notice--stated in a 1
written notice given to each of the native title notification 2
parties and the mining registrar by the licence holder; and 3
(b) ends-- 4
(i) if subparagraph (ii) does not apply--2 months after the 5
consultation start day; or 6
(ii) if, within 2 months after the consultation start day, the holder 7
and the native title notification parties agree on a time, which 8
must be later than the time that would otherwise apply under 9
subparagraph (i), and advise the mining registrar in writing 10
of the agreed later time--at the agreed later time. 11
`(2) A notice under subsection (1)(a)(ii) must be given at least 1 month 12
before the consultation start day. 13
`(3) If at any time the holder and the native title notification parties agree 14
there has been enough consultation, the consultation period is taken to end. 15
title notification parties may seek mediation 16
`Native
`547.(1) In the consultation period, a native title notification party may 17
ask the mining registrar to hold a conference for mediation about the impact 18
of the licence. 19
`(2) Sections 217 to 222 apply to the conference as if the request were a 20
request made under section 217(1)(a)84 by an owner of land mentioned in 21
section 217(1)(a). 22
`(3) Despite section 218(3), 85 a native title notification party or the licence 23
holder may be represented at the conference by a lawyer. 24
`(4) Subject to any order made under section 222,86 a consultation party 25
must pay the party's own costs for the conference. 26
84 Section 217 (Mining registrar may call conference in some cases)
85 Section 218 (Who may attend conference)
86 Section 222 (Tribunal may award costs)
s 54 122 s 54
Native Title (Queensland) State Provisions
Amendment
of result of consultation 1
`Notice
`548.(1) The licence holder must, as soon as practicable after the 2
consultation period ends, but in any event before the holder first enters the 3
land to which the native title rights and interests relate-- 4
(a) give a written notice complying with subsection (2) to the mining 5
registrar about the consultation; and 6
(b) give a copy of the notice to each native title notification party for 7
the land. 8
Maximum penalty--100 penalty units. 9
`(2) The written notice must state-- 10
(a) details of the consultation undertaken in the consultation period; 11
and 12
(b) any outcome of the consultation; and 13
(c) the day the holder proposes to first enter the land. 14
`(3) A native title notification party for the land may also give a written 15
notice about the consultation to the mining registrar if-- 16
(a) the written notice states-- 17
(i) details of the consultation undertaken in the consultation 18
period; and 19
(ii) any outcome of the consultation; and 20
(b) the written notice is also given to the licence holder and each other 21
native title notification party for the land. 22
registrar may recommend action 23
`Mining
`549.(1) The mining registrar may recommend action to the Minister to 24
address any matter raised by a native title notification party in the 25
consultation. 26
`(2) The Minister may give the mineral development licence holder the 27
directions the Minister considers appropriate about the recommended action. 28
s 54 123 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) A failure by the holder to comply with the Minister's directions is 1
take to be a breach of the conditions of the mineral development licence. 2
3--High impact mineral development licences on alternative 3
`Division
provision areas 4
1--Preliminary 5
`Subdivision
of div 3 6
`Application
`550.(1) This division applies to the granting of a proposed mineral 7
development licence if-- 8
(a) the mineral development licence is a high impact mineral 9
development licence; and 10
(b) the granting of the mineral development licence is an act-- 11
(i) that affects native title rights and interests; and 12
(ii) to which the right to negotiate provisions would have 13
otherwise applied; and 14
(c) a determination is in force under section 43A(1) of the 15
Commonwealth Native Title Act and this division is included in 16
the alternative provisions the subject of the determination. 17
`(2) However, this division applies to the granting of the proposed 18
mineral development licence-- 19
(a) only to the extent that the mineral development licence relates to a 20
place that is on the landward side of the mean high-water mark of 21
the sea; and 22
(b) only to the extent that the land the subject of the mineral 23
development licence is non-exclusive land that is an alternative 24
provision area. 25
`(3) The requirements of this division are additional to the requirements 26
of part 6. 27
s 54 124 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) Despite subsections (1) to (3), this division does not apply to the 1
granting of the mineral development licence if the applicant elects that the 2
additional requirements stated in division 4 apply instead of the additional 3
requirements stated in this division. 4
for div 3 5
`Definitions
`551. In this division-- 6
"applicant" means the applicant for the proposed high impact mineral 7
development licence. 8
"application notice" see section 553(1). 9
"closing day (native title issues)", for the proposed high impact mineral 10
development licence, see section 554(3). 11
"consultation period", for the proposed high impact mineral development 12
licence, means the period described in section 563. 13
"consultation start day" see section 562(1). 14
"contract conditions" see section 573. 15
"hearing day" see section 562(2). 16
"native title issues decision" see section 573. 17
"notification day (native title issues)", for the proposed high impact 18
mineral development licence, see section 554(2). 19
"objector" see section 565(3). 20
"registered native title party" see section 552. 21
of "registered native title party" 22
`Meaning
`552.(1) A "registered native title party" is a person who, at the time 23
when the issue arises of whether or not the person is a registered native title 24
party, is a registered native title claimant or a registered native title body 25
corporate in relation to the land, or part of the land, the subject of the 26
proposed high impact mineral development licence. 27
s 54 125 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) If a person (the "first person") becomes a registered native title 1
claimant because the first person replaces another person as the applicant in 2
relation to a claimant application, and the other person is a registered native 3
title party, the first person also replaces the other person as the registered 4
native title party. 5
`Subdivision 2--Notification requirements and right to object 6
to notify 7
`Requirement
`553.(1) The applicant must give a written notice (the "application 8
notice") about the proposed high impact mineral development licence to-- 9
(a) all native title notification parties for the land the subject of the 10
proposed licence; and 11
(b) the Native Title Registrar. 12
`(2) The notice must be given-- 13
(a) within 14 days of the applicant being notified of the Minister's 14
decision, under section 190(1), 87 of the amount of security to be 15
deposited if the licence is granted.; or 16
(b) if, under section 555, the mining registrar has given a direction for 17
the giving of a new written notice--before the end of the period 18
nominated in the direction. 19
`(3) The notice may be about more than 1 proposed licence. 20
of notice 21
`Content
`554.(1) The application notice must state the following-- 22
(a) the following days for the proposed high impact mineral 23
development licence-- 24
(i) the notification day (native title issues); 25
(ii) the closing day (native title issues); 26
87 Section 190 (Provision of security)
s 54 126 s 54
Native Title (Queensland) State Provisions
Amendment
(b) a clear description of the land, and its location; 1
(c) a description of the nature of the proposed licence; 2
(d) that the proposed licence, if granted, will be granted by the 3
Minister; 4
(e) how further information about the proposed licence can be 5
obtained from the applicant or the mining registrar; 6
(f) that registered native title parties have a right to object to the 7
granting of the proposed licence so far as it affects their registered 8
native title rights and interests; 9
(g) that an objection must-- 10
(i) be in the approved form; and 11
(ii) state the grounds for objection and the facts and 12
circumstances relied on in support of the grounds; and 13
(iii) be lodged with the mining registrar on or before the closing 14
day (native title issues); 15
(h) that if a registered native title party objects, the applicant must 16
consult with the party. 17
`(2) The "notification day (native title issues)" must be a day that may 18
reasonably be assumed to be a day by which the written notice will have 19
been received by each person to whom it is to be given. 20
`(3) The "closing day (native title issues)" must be a day at least 2 21
months after the notification day (native title issues). 22
of mining registrar 23
`Notification
`555.(1) Within 2 days after the applicant has complied, or purportedly 24
complied, with the requirements of sections 553 and 554, the applicant must 25
give the mining registrar information in the approved form about the 26
applicant's compliance with sections 553 and 554. 27
`(2) A copy of the written notice given under section 553 must be 28
attached to the approved form. 29
s 54 127 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) If the mining registrar is satisfied that a written notice given, or 1
purportedly given, under sections 553 and 554 has not been given in 2
accordance with the requirements of section 553, or does not comply with 3
the requirements of section 554, the mining registrar must-- 4
(a) give the applicant a written direction to give a new written notice 5
under sections 553 and 554; and 6
(b) in the direction, nominate a period within which the direction 7
must be complied with. 8
`(4) The new notice, when given, must-- 9
(a) state that it is a replacement notice; and 10
(b) identify the previous notice. 11
to object 12
`Right
`556.(1) Each registered native title party has a right to object to the 13
granting of the proposed high impact mineral development licence so far as 14
it is likely to affect their registered native title rights and interests. 15
`(2) An objection must-- 16
(a) be in the approved form; and 17
(b) state the grounds for objection; and 18
(c) be lodged with the mining registrar on or before the closing day 19
(native title issues). 20
`(3) If at any time a person who has lodged an objection under this 21
section stops being a registered native title party, the objection is taken never 22
to have been lodged. 23
`(4) However, an objection continues to have effect as an objection if the 24
person who lodged the objection stops being a registered native title party 25
because-- 26
s 54 128 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the person is replaced by another person (the "replacing 1
person") under section 66B88 of the Commonwealth Native Title 2
Act; or 3
(b) an approved determination of native title that native title exists is 4
made, and immediately before the determination is made, the 5
person is a registered native title claimant. 6
`(5) If an objection continues to have effect as an objection because of 7
subsection (4)(a), the objection it taken to have been lodged by the replacing 8
person. 9
`(6) If an objection continues to have effect as an objection because of 10
subsection (4)(b), the objection it taken to have been lodged by the relevant 11
registered native title body corporate. 12
of additional requirements if no objection lodged 13
`Ending
`557. If no objection is lodged by the closing day (native title issues), the 14
additional requirements under subdivisions 3 and 4 stop applying for the 15
proposed high impact mineral development licence. 16
3--Consultation and mediation 17
`Subdivision
of sdiv 3 18
`Application
`558. This subdivision applies if an objection is lodged by the closing day 19
(native title issues). 20
of objections by mining registrar 21
`Notice
`559. The mining registrar, must as soon as practicable after the closing 22
day (native title issues), give the applicant-- 23
(a) a copy of each objection; and 24
(b) a written notice that the applicant must-- 25
88 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act
s 54 129 s 54
Native Title (Queensland) State Provisions
Amendment
(i) consult with all objectors; and 1
(ii) fix the consultation start day; and 2
(iii) give written notice of the day to each objector and the mining 3
registrar. 4
to consult 5
`Requirement
`560.(1) The applicant must consult with each objector under this 6
subdivision. 7
`(2) Nothing in this subdivision stops the applicant and an objector 8
discussing consultation matters outside the consultation period. 9
matters 10
`Consultation
`561. The consultation must be about ways of minimising the effect of 11
the grant of the proposed high impact mineral development licence on 12
registered native title rights and interests of the objectors in relation to the 13
land or waters concerned, including any access to the land or waters or the 14
way in which anything authorised by the licence may be done. 15
of consultation start day and hearing day 16
`Fixing
`562.(1) The applicant must-- 17
(a) fix a day for the consultation to start (the "consultation start 18
day"), which must be within 2 months after the closing day 19
(native title issues), but not earlier than 14 days after the closing 20
day (native title issues); and 21
(b) give written notice of the consultation start day to each objector 22
and the mining registrar at least 7 days before the consultation 23
start day. 24
`(2) The mining registrar must, as soon as practicable after receiving the 25
notice, fix a day (the "hearing day") for the tribunal to hear the objections. 26
`(3) The hearing day must be after the consultation period ends. 27
s 54 130 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) After fixing the hearing day, the mining registrar must notify the 1
applicant and each objector of the day. 2
period 3
`Consultation
`563.(1) The "consultation period" for the proposed high impact 4
mineral development licence-- 5
(a) starts on the consultation start day; and 6
(b) ends 2 months after the consultation start day, or if a later time is 7
agreed under subsection (2), at the agreed later time. 8
`(2) The consultation period may be extended to an agreed later time if, 9
within 2 months after the consultation start day-- 10
(a) the applicant and objectors agree to the extension; and 11
(b) the applicant notifies the mining registrar in writing of the 12
extension. 13
`(3) The agreed later time under subsection (2) must not be later than the 14
end of 4 months after the consultation start day. 15
for mediation 16
`Request
`564.(1) At any time in the consultation period, the applicant or an 17
objector may ask for mediation to help in resolving issues relevant to the 18
consultation. 19
`(2) If a request for mediation is made, mediation must be carried out in 20
the consultation period by-- 21
(a) a mediator chosen by the applicant and the objectors; or 22
(b) if the applicant and the objectors are not able to agree on a 23
mediator and the applicant or an objector asks the tribunal to 24
provide the mediation--the tribunal, or a mediator chosen by the 25
tribunal. 26
s 54 131 s 54
Native Title (Queensland) State Provisions
Amendment
for consultation--guidelines for applicant 1
`Process
`565.(1) This section states guidelines for the applicant to consult under 2
this subdivision. 3
`(2) The consultation should start as soon as practicable after the 4
consultation period starts. 5
`(3) The applicant should-- 6
(a) give each registered native title party who objects under 7
section 55689 ("objector") information about the activities under 8
the application; and 9
(b) convene at least 1 meeting ("consultation meeting") to provide a 10
reasonable opportunity for all objectors to be given a presentation 11
about the activities proposed under the high impact mineral 12
development licence. 13
`(4) A consultation meeting may be-- 14
(a) in the town or city where the mining registrar is located; or 15
(b) in a town or city in which there is an office of the representative 16
Aboriginal/Torres Strait Islander body for the area that includes 17
the alternative provision area; or 18
(c) at another place agreed between the applicant and the objectors. 19
`(5) A consultation meeting should be convened at a time and place 20
suitable for maximising attendance. 21
`(6) If the applicant has convened a consultation meeting under 22
subsection (3)(b), the meeting is taken to have happened even though not 23
all, or none, of the objectors attended the meeting. 24
`(7) The presentation mentioned in subsection (3)(b) should be directed at 25
providing objectors with an understanding of the anticipated nature, extent 26
and impact of the project authorised by the grant of the high impact mineral 27
development licence applied for. 28
89 Section 556 (Right to object)
s 54 132 s 54
Native Title (Queensland) State Provisions
Amendment
with or without conditions 1
`Agreement
`566.(1) This section applies if an agreement for the grant of the 2
proposed high impact mineral development licence is reached between the 3
applicant and each objector, whether or not the agreement includes 4
conditions to be complied with by the applicant or an objector if the 5
proposed high impact mineral development licence is granted. 6
`(2) The applicant must give a written notice to the mining registrar 7
stating that an agreement has been reached, and must include with the notice 8
a copy of the agreement signed by the applicant and each objector. 9
`(3) When the notice is given-- 10
(a) the additional requirements provided for under subdivision 4 stop 11
applying; and 12
(b) the mining registrar must notify the tribunal that the agreement 13
has been reached. 14
with conditions 15
`Agreement
`567.(1) This section applies if an agreement for the grant of the 16
proposed high impact mineral development licence is reached between the 17
applicant and each objector, and the agreement includes conditions to be 18
complied with by the applicant or an objector if the proposed high impact 19
mineral development licence is granted. 20
`(2) The agreement has effect, if the proposed licence is granted, as if-- 21
(a) the conditions included in the agreement were the terms of a 22
contract; and 23
(b) the applicant and the objector were parties to the contract; and 24
(c) if an objector is a registered native title claimant--any individual 25
included in the native title claim group concerned were a party to 26
the contract. 27
`(3) Subsection (2) has effect in addition to any other effect that the 28
agreement may have apart from under subsection (2). 29
s 54 133 s 54
Native Title (Queensland) State Provisions
Amendment
4--Hearing of objections and tribunal's decision 1
`Subdivision
of objections by tribunal 2
`Hearing
`568.(1) If the consultation period has ended and an agreement between 3
the applicant and each objector for the grant of the proposed high impact 4
mineral development licence has not been reached, the tribunal must-- 5
(a) starting on the hearing day, hear all the objections; and 6
(b) make a native title issues decision. 7
`(2) However, the applicant and the objectors may continue to consult to 8
reach an agreement for the grant of the proposed high impact mineral 9
development licence. 10
`(3) If an agreement is reached, the tribunal may not make a native title 11
issues decision under this subdivision. 12
for hearing 13
`Directions
`569. The tribunal may give directions to the applicant and the objectors, 14
including directions about the filing and serving of-- 15
(a) a statement by each objector, stating the effect of the grant of the 16
proposed high impact mineral development licence on the 17
objector's registered native title rights and interests; or 18
(b) submissions by the applicant or any objector on the matters the 19
tribunal must consider at the hearing. 20
agreed issues 21
`Identifying
`570. Before making a native title issues decision the tribunal must 22
establish whether there are any issues relevant to its decision on which the 23
applicant and any objector are currently in agreement. 24
tribunal must consider 25
`Matters
`571. In making a native title issues decision, the tribunal must 26
consider-- 27
s 54 134 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the content of all objections lodged and submissions made; and 1
(b) the effect of the grant of the proposed high impact mineral 2
development licence on each objector's registered native title 3
rights and interests; and 4
(c) any way to minimise the impact of the grant of the proposed 5
licence on the registered native title rights and interests of the 6
objectors, including in relation to-- 7
(i) any access to the land the subject of the proposed licence; 8
and 9
(ii) the way in which anything authorised under the proposed 10
licence might be done; and 11
(d) any issues agreed between the applicant and an objector. 12
time requirement for hearing 13
`General
`572.(1) The tribunal must take all reasonable steps to ensure a native title 14
issues decision is made within 2 months after the hearing day. 15
`(2) If a native title issues decision is not made within the 2 months, the 16
tribunal must, as soon as practicable after the 2 months ends, give a written 17
notice to the Minister-- 18
(a) advising why a native title issues decision has not yet been made; 19
and 20
(b) giving an estimate of when a native title issues decision is likely to 21
be made. 22
of "native title issues decision" 23
`Meaning
`573. A "native title issues decision" is 1 of the following-- 24
(a) that the proposed high impact mineral development licence may 25
be granted; 26
(b) that the proposed high impact mineral development licence may 27
be granted, but subject to either or both of the following-- 28
s 54 135 s 54
Native Title (Queensland) State Provisions
Amendment
(i) that conditions, described or identified in the native title 1
issues decision, are to be included in the licence; 2
(ii) that conditions ("contract conditions"), described or 3
identified in the native title issues decision, are required to be 4
complied with by 1 or more of the applicant and the 5
objectors (even though the conditions are not included in the 6
licence); 7
(c) that the proposed high impact mineral development licence should 8
not be granted. 9
of native title issues decision to Minister 10
`Advice
`574. The tribunal must give the Minister a copy of the native title issues 11
decision. 12
of native title issues decision 13
`Effect
`575. The native title issues decision must be complied with by the 14
Minister unless the Minister overrules the native title issues decision under 15
section 577. 16
conditions 17
`Contract
`576.(1) If the Minister grants the proposed high impact mineral 18
development licence, a contract condition has effect in addition to any effect 19
that it may have other than under this subsection, as if it were included in the 20
terms of a contract between the holder and each objector. 21
`(2) If an objector is a registered native title claimant, any individual 22
included in the native title claim group concerned is a party to the contract. 23
s 54 136 s 54
Native Title (Queensland) State Provisions
Amendment
of native title issues decision 1
`Overruling
`577.(1) The Minister may overrule the native title issues decision only 2
if-- 3
(a) the Minister principally responsible for indigenous affairs has 4
been given a copy of the native title issues decision and is 5
consulted about-- 6
(i) the native title issues decision; and 7
(ii) the Minister's proposed substituted decision under 8
subsection (2); and 9
(b) the consultation is taken into account; and 10
(c) it is in the interests of Queensland to overrule the native title 11
issues decision. 12
`(2) If the Minister overrules the native title issues decision, the Minister 13
must make a substituted decision, and the substituted decision has effect as 14
the native title issues decision. 15
`(3) The Minister must give a copy of the substituted decision to the 16
tribunal, the applicant and each objector. 17
`(4) In this section-- 18
"in the interests of Queensland" includes-- 19
(a) for the social or economic benefit of Queensland, including of 20
Aboriginal peoples and Torres Strait Islanders; and 21
(b) in the interests of the relevant region or locality in Queensland. 22
5--Notice of grant 23
`Subdivision
of grant to other consultation parties 24
`Notice
`578.(1) If the Minister grants the high impact mineral development 25
licence, the holder of the mineral development licence must, within 28 days 26
after the holder receives notice of the grant, give a written notice complying 27
with subsection (2) to each registered native title party. 28
Maximum penalty--100 penalty units. 29
s 54 137 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) The written notice must-- 1
(a) advise the granting of the high impact mineral development 2
licence; and 3
(b) state the conditions of the high impact mineral development 4
licence. 5
`Division 4--High impact mineral development licences not on 6
alternative provision areas 7
of div 4 8
`Application
`579.(1) This division applies to the granting of a proposed mineral 9
development licence if-- 10
(a) the mineral development licence is a high impact mineral 11
development licence; and 12
(b) the granting of the mineral development licence is an act-- 13
(i) that affects native title rights and interests; and 14
(ii) to which the right to negotiate provisions would have 15
otherwise applied; and 16
(c) a determination is in force under section 43(1) of the 17
Commonwealth Native Title Act and this division is included in 18
the alternative provisions the subject of the determination. 19
`(2) However, this division applies to the granting of the proposed 20
mineral development licence-- 21
(a) only to the extent that the mineral development licence relates to a 22
place that is on the landward side of the mean high-water mark of 23
the sea; and 24
(b) only to the extent that the land the subject of the mineral 25
development licence is non-exclusive land other than an 26
alternative provision area. 27
`(3) The requirements of this division are additional to the requirements 28
of part 6. 29
s 54 138 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) Despite subsections (1) to (3), this division also applies to the 1
granting of a high impact mineral development licence to the extent that the 2
land the subject of the mineral development licence is non-exclusive land 3
that is an alternative provision area, if the applicant elects under division 3 4
that the additional requirements stated in this division apply instead of the 5
additional requirements stated in division 3. 6
for grant 7
`Requirements
`580.(1) The additional requirements applying under part 17, division 490 8
for the granting of a proposed mining lease also apply for the granting of the 9
proposed high impact mineral development licence. 10
`(2) The requirements apply with necessary changes. 11
pt 17, div 4 for grant 12
`Applying
`581.(1) This section-- 13
(a) applies for applying the provisions of part 17, division 4; and 14
(b) does not limit section 580(1). 15
`(2) References to the Governor in Council are taken to be references to 16
the Minister. 17
`(3) For applying section 652, section 652(3)(a) does not apply, and the 18
following period is substituted for the periods mentioned in 19
section 652(3)(b)(i) and (ii), that is, the period of 14 days after the applicant 20
is notified of the Minister's decision under section 190(1)91 and (2) of the 21
amount of security to be deposited if the permit is granted. 22
`(4) For applying section 669, the pre-referral period is-- 23
(a) the period of 6 months starting on the notification day (native title 24
issues); or 25
90 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas)
91 Section 190 (Provision of security)
s 54 139 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if the registered native title parties and the applicant agree on a 1
time, which must be later than the time that would otherwise 2
apply under paragraph (a), and advise the mining registrar in 3
writing of the agreed later time--the period ending at the agreed 4
later time. 5
`(5) For applying part 17, division 4, subdivisions 4 and 5,92 if the 6
proposed exploration permit is referred to the tribunal for a native title issues 7
decision, there is not a combined hearing, but the mining registrar must fix a 8
date for a hearing for the native title issues decision, including the hearing of 9
any objections lodged under section 668 as applied under this section. 10
`(6) Sections 675(2), 681(4) and (5) and 682 and part 17, division 4, 11
subdivision 793 do not apply. 12
`(7) Section 676 does not apply, but the tribunal must advise the Minister 13
of its native title issues decision. 14
`(8) Section 680 does not apply, but the native title issues decision must 15
be complied with by the Minister unless it is overruled under part 17, 16
division 4, subdivision 6.94 17
`(9) A reference in part 17, division 4 to a provision of part 7 is taken to 18
be a reference to a corresponding provision of part 6. 19
92 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision area), subdivisions 4 (Referral and native title
issues decision) and 5 (Requirements for combined hearing)
93 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivision 7 (Special provisions
about completion of combined hearing and making of native titles issues
decision)
94 Part 17 (Native title provisions for mining leases), division 4 (Other mining
leases not on alternative provision areas), subdivision 6 (Overruling of native
title issues decision)
s 54 140 s 54
Native Title (Queensland) State Provisions
Amendment
5--Renewals of mineral development licences 1
`Division
of div 5 2
`Application
`582.(1) This division applies to the renewal of a mineral development 3
licence if-- 4
(a) the mineral development licence is a low impact mineral 5
development licence; and 6
(b) the renewal of the mineral development licence is an act-- 7
(i) that affects native title rights and interests; and 8
(ii) to which the right to negotiate provisions would have 9
otherwise applied; and 10
(iii) that is an approved exploration etc. act under a determination 11
in force under section 26A(1) of the Commonwealth Native 12
Title Act. 13
`(2) However, this division applies to the renewal of a mineral 14
development licence mentioned in subsection (1) only to the extent that the 15
land the subject of the mineral development licence is non-exclusive land, 16
whether or not an alternative provision area. 17
`(3) This division also applies to the renewal of a mineral development 18
licence if-- 19
(a) the mineral development licence is a high impact mineral 20
development licence; and 21
(b) the renewal of the mineral development licence is an act-- 22
(i) that affects native title rights and interests; and 23
(ii) to which the right to negotiate provisions would have 24
otherwise applied; and 25
(c) a determination is in force under section 43A(1) of the 26
Commonwealth Native Title Act and this division is included in 27
the alternative provisions the subject of the determination. 28
s 54 141 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) However, this division applies to the renewal of a mineral 1
development licence mentioned in subsection (3) only to the extent that the 2
land the subject of the mineral development licence is non-exclusive land 3
that is an alternative provision area. 4
`(5) This division also applies to the renewal of a mineral development 5
licence if-- 6
(a) the mineral development licence is a high impact mineral 7
development licence; and 8
(b) the renewal of the mineral development licence is an act-- 9
(i) that affects native title rights and interests; and 10
(ii) to which the right to negotiate provisions would have 11
otherwise applied; and 12
(c) a determination is in force under section 43(1) of the 13
Commonwealth Native Title Act and this division is included in 14
the alternative provisions the subject of the determination. 15
`(6) However, this division applies to the renewal of a mineral 16
development licence mentioned in subsection (5) only to the extent that the 17
land the subject of the mineral development licence is non-exclusive land 18
other than an alternative provision area. 19
`(7) This division applies to the renewal of a mineral development licence 20
mentioned in subsection (1), (3) or (5) only to the extent that the mineral 21
development licence relates to a place that is on the landward side of the 22
mean high-water mark of the sea. 23
`(8) The requirements of this division are additional to the requirements 24
of part 6. 25
`(9) In this section-- 26
"renewal", of a mineral development licence, includes-- 27
(a) the re-grant of the mineral development licence; and 28
(b) the re-making of the mineral development licence; and 29
(c) the extension of the term of the mineral development licence. 30
s 54 142 s 54
Native Title (Queensland) State Provisions
Amendment
for renewal--applying div 2 1
`Requirements
`583.(1) If this division applies to the renewal of a mineral development 2
licence because of section 582(1), the additional requirements applying 3
under division 295 for the granting of a low impact mineral development 4
licence also apply for the renewal. 5
`(2) The requirements apply with necessary changes. 6
for renewal--applying div 3 7
`Requirements
`584.(1) If this division applies to the renewal of a mineral development 8
licence because of section 582(3), the additional requirements applying 9
under division 396 for the granting of a high impact mineral development 10
licence on an alternative provision area also apply for the renewal. 11
`(2) The requirements apply with necessary changes. 12
div 3 for renewal 13
`Applying
`585.(1) This section-- 14
(a) applies for applying the provisions of division 3; and 15
(b) does not limit section 584. 16
`(2) For applying section 570, the tribunal must also, before making its 17
native title issues decision, ask the Minister about the extent to which the 18
Minister is satisfied that the holder of the mineral development licence 19
proposed to be renewed has complied with the conditions of the mineral 20
development licence. 21
`(3) For applying section 571, the tribunal must also consider 22
information received from the Minister under subsection (2). 23
95 Division 2 (Low impact mineral development licences)
96 Division 3 (High impact mineral development licences on alternative provision
areas)
s 54 143 s 54
Native Title (Queensland) State Provisions
Amendment
for renewal--applying div 4 1
`Requirements
`586.(1) If this division applies to the renewal of a mineral development 2
licence because of section 582(5), the additional requirements applying 3
under division 497 for the granting of a high impact mineral development 4
licence on non-exclusive land other than an alternative provision area also 5
apply for the renewal. 6
`(2) The requirements apply with necessary changes. 7
div 4 for renewal 8
`Applying
`587.(1) This section-- 9
(a) applies for applying the provisions of division 4; and 10
(b) does not limit section 586. 11
`(2) For applying section 581, subsections (3) and (4) of this section are 12
taken to be included in section 581. 13
`(3) The tribunal must, before making its native title issues decision, ask 14
the Minister about the extent to which the Minister is satisfied that the holder 15
of the mineral development licence proposed to be renewed has complied 16
with the conditions of the mineral development licence. 17
`(4) For applying section 677, the tribunal must also consider 18
information received from the Minister under subsection (3). 19
`Division 6--Requirements for subsidiary approvals 20
of div 6 21
`Application
`588.(1) This division applies to the following-- 22
(a) the variation of the conditions of-- 23
(i) a low impact mineral development licence to allow for 24
activities not limited to low impact activities; or 25
97 Division 4 (High impact mineral development licences not on alternative
provision areas)
s 54 144 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) a high impact mineral development licence on an alternative 1
provision area to allow for activities not limited to low 2
impact activities on non-exclusive land, other than an 3
alternative provision area; or 4
(iii) a mineral development licence granted on land where native 5
title has been extinguished to include non-exclusive land; 6
(b) the addition, under section 208,98 of stated minerals to a high 7
impact mineral development licence; 8
(c) the addition, under section 226AA,99 of land to a mineral 9
development licence granted over land where native title has been 10
extinguished to include non-exclusive land. 11
`(2) However, this division applies to the variation or addition only if-- 12
(a) either of the following applies-- 13
(i) for the variation of conditions--were the mineral 14
development licence to be granted again, but containing only 15
the varied conditions, the granting would be an act affecting 16
native title rights and interests; 17
(ii) for the addition of minerals or land--were the mineral 18
development licence to be granted again, but only for the 19
added minerals or the added land, the granting would be an 20
act affecting native title rights and interests; and 21
(b) the variation or addition is an act to which the right to negotiate 22
provisions would have otherwise applied; and 23
(c) either of the following applies to the variation or addition-- 24
(i) the variation or addition is an approved exploration etc. act 25
under a determination in force under section 26A(1) of the 26
Commonwealth Native Title Act; 27
98 Section 208 (Adding other minerals to licence)
99 Section 226AA (Application to add excluded land to existing licence)
s 54 145 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) a determination is in force under section 43(1) or 43A(1) of 1
the Commonwealth Native Title Act about alternative 2
provisions applying to the variation or addition, and this 3
division is included in the alternative provisions. 4
`(3) This division applies to the variation or addition only to the extent 5
that the variation or addition relates to a place that is on the landward side of 6
the mean high-water mark of the sea. 7
`(4) The requirements of this division are additional to the requirements 8
of part 6. 9
for variation--low impact mineral development licence 10
`Requirements
`589.(1) For the variation of the conditions of a low impact mineral 11
development licence to allow for activities not limited to low impact 12
activities on an alternative provision area, division 3100 applies, with 13
necessary changes, as if the variation were the granting of a high impact 14
mineral development licence. 15
`(2) For the variation of the conditions of a low impact mineral 16
development licence to allow for activities not limited to low impact 17
activities on non-exclusive land, other than an alternative provision area, 18
division 4 101 applies, with necessary changes, as if the variation were the 19
granting of a high impact mineral development licence. 20
100 Division 3 (High impact mineral development licences on alternative provision
areas)
101 Division 4 (High impact mineral development licences not on alternative
provision areas)
s 54 146 s 54
Native Title (Queensland) State Provisions
Amendment
for variation--high impact mineral development 1
`Requirements
licences 2
`590. For the variation of the conditions of a high impact mineral 3
development licences for an alternative provision area to allow for activities 4
not limited to low impact activities on non-exclusive land other than an 5
alternative provision area, division 4 applies, with necessary changes, as if 6
the variation were the granting of a high impact mineral development 7
licence. 8
for variation or addition--other mineral development 9
`Requirements
licences 10
`591.(1) This section applies to the variation of the conditions of a 11
mineral development licence granted only over land where native title has 12
been extinguished to include non-exclusive land. 13
`(2) This section also applies to the addition, under section 226AA of 14
land to a mineral development licence granted over land where native title 15
has been extinguished to include non-exclusive land. 16
`(3) If the variation or addition is only for low impact activities, 17
division 2102 applies, with necessary changes, as if the variation or addition 18
were the granting of the mineral development licence. 19
`(4) If the variation or addition is for activities not limited to low impact 20
activities on an alternative provision area, division 3 applies, with necessary 21
changes, as if the variation or addition were the granting of the mineral 22
development licence. 23
`(5) If the variation or addition is for activities not limited to low impact 24
activities on non-exclusive land, other than an alternative provision area, 25
division 4 applies, with necessary changes, as if the variation or addition 26
were the granting of the mineral development licence. 27
102 Division 2 (Low impact mineral development licences)
s 54 147 s 54
Native Title (Queensland) State Provisions
Amendment
for approval--adding minerals to mineral 1
`Requirements
development licence 2
`592.(1) For the addition, under section 208, of stated minerals to a low 3
impact mineral development licence, division 2 applies, with necessary 4
changes, as if the addition were the granting of the mineral development 5
licence. 6
`(2) For the addition, under section 208, of stated minerals to a high 7
impact mineral development licence on an alternative provision area, 8
division 3 applies, with necessary changes, as if the addition were the 9
granting of the mineral development licence. 10
`(3) For the addition, under section 208, of stated minerals to a high 11
impact mineral development licence on non-exclusive land, other than an 12
alternative provision area, division 4 applies, with necessary changes, as if 13
the addition were the granting of the mineral development licence. 14
`PART 17--NATIVE TITLE PROVISIONS FOR 15
MINING LEASES 16
`Division 1--Preliminary 17
of pt 17 18
`Purpose
`593.(1) The purpose of this part is-- 19
(a) to state the additional requirements that apply for the granting of a 20
proposed mining lease or the variation or renewal of a mining 21
lease, under part 7 if the lease is a surface alluvium (gold or tin) 22
mining lease over non-exclusive land; and 23
s 54 148 s 54
Native Title (Queensland) State Provisions
Amendment
(b) in stating the additional requirements, to provide a basis for a 1
determination by the Commonwealth Minister under 2
section 26B103 of the Commonwealth Native Title Act. 3
`(2) The purpose of this part is also-- 4
(a) to state additional requirements that apply for the granting of a 5
proposed mining lease, or variation or renewal of a mining lease 6
under part 7 over non-exclusive land if the mining lease is other 7
than a surface alluvium (gold or tin) mining lease; and 8
(b) in stating the additional requirements, to provide alternative 9
provisions under sections 43 and 43A104 of the Commonwealth 10
Native Title Act. 11
application of pt 17 to mining lease in approved opal or gem 12
`Limited
mining area 13
`594. This part does not apply to an act relating to a mining lease in an 14
approved opal or gem mining area to the extent that the act is excluded from 15
the application of the right to negotiate provisions under section 26(2)(d)105 16
of the Commonwealth Native Title Act. 17
of "surface alluvium (gold or tin) mining lease" 18
`Meaning
`595. In this part, a "surface alluvium (gold or tin) mining lease" is a 19
mining lease-- 20
(a) that is granted over land that is, or includes, non-exclusive land; 21
and 22
(b) under which the only right to mine is the right to mine gold or tin 23
in surface alluvium; and 24
103 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native
Title Act
104 Sections 43 (Modification of Subdivision if satisfactory alternative State or
Territory provisions) and 43A (Exception to right to negotiate: satisfactory
State/Territory provisions) of the Commonwealth Native Title Act
105 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act
s 54 149 s 54
Native Title (Queensland) State Provisions
Amendment
(c) under which the only way gold or tin may be recovered from the 1
material that is mined is by a washing or an aeration process; and 2
(d) under which the person given the right to mine must rehabilitate 3
any area of land or waters, in which the mining takes place and in 4
relation to which native title rights and interests may exist, for the 5
purpose of minimising the impact of the mining on the land or 6
waters. 7
re-opening of issues previously decided 8
`No
`596.(1) This section applies if-- 9
(a) the parties to a hearing under this part about the grant of a 10
proposed mining lease (the "mining lease hearing") are identical 11
to the parties to an earlier relevant agreement or hearing; and 12
(b) an issue was decided in the relevant agreement or at the relevant 13
hearing. 14
`(2) A party to the mining lease hearing must not, without the leave of the 15
tribunal, seek to vary the decision on the issue. 16
`(3) In this section-- 17
"relevant agreement" means an agreement under part 15 or 16, or under 18
the right to negotiate provisions, about the grant of the exploration 19
permit or mineral development licence for the land the subject of the 20
mining lease. 21
"relevant hearing" means a hearing under part 15 or 16, or under the right 22
to negotiate provisions, about the grant of the exploration permit or 23
mineral development licence for the land the subject of the proposed 24
mining lease. 25
s 54 150 s 54
Native Title (Queensland) State Provisions
Amendment
2--Surface alluvium (gold or tin) mining leases 1
`Division
1--Preliminary 2
`Subdivision
of div 2 3
`Application
`597.(1) This division applies to the granting of a proposed mining lease 4
if-- 5
(a) the mining lease is a surface alluvium (gold or tin) mining lease; 6
and 7
(b) the granting of the mining lease is an act-- 8
(i) that affects native title rights and interests; and 9
(ii) to which the right to negotiate provisions would have 10
otherwise applied; and 11
(iii) that is an approved gold or tin mining act under a 12
determination in force under section 26B(1) of the 13
Commonwealth Native Title Act. 14
`(2) However, this division applies to the granting of the proposed 15
mining lease-- 16
(a) only to the extent that the mining lease relates to a place that is on 17
the landward side of the mean high-water mark of the sea; and 18
(b) only to the extent that the land the subject of the mining lease is 19
non-exclusive land, whether or not an alternative provision area. 20
`(3) The requirements of this division are additional to the requirements 21
of part 7. 22
for div 2 23
`Definitions
`598. In this division-- 24
"applicant" means the applicant for the proposed surface alluvium (gold or 25
tin) mining lease. 26
"consultation agreement" see section 606(4)(b). 27
s 54 151 s 54
Native Title (Queensland) State Provisions
Amendment
"consultation matters" includes the purpose of consultation stated in 1
section 604(1) and the matters that consultation must be about under 2
section 604(2). 3
"consultation parties" see section 601. 4
"consultation result notice" see section 606(1). 5
"consultation start day" see section 599(3)(f). 6
"consultation period" see section 603. 7
`Subdivision 2--Notification requirements 8
to notify 9
`Requirement
`599.(1) The applicant must give written notice of the applicant's 10
intention to lodge an application for the grant of a surface alluvium (gold or 11
tin) mining lease, or of the lodgement of the application, to-- 12
(a) each native title notification party for the land the subject of the 13
proposed mining lease; and 14
(b) the Native Title Registrar 15
`(2) The notice must be given-- 16
(a) no earlier than 2 months before the proposed lodgement; and 17
(b) no later than-- 18
(i) the end of the period of 7 days after the certificate of 19
application for the proposed mining lease is endorsed by the 20
mining registrar under section 252(2);106 or 21
(ii) if the mining registrar decides a longer period under 22
section 252(7)--the end of the longer period; or 23
(iii) if, under section 600, the mining registrar has given a 24
direction for the giving of a new written notice--the end of 25
the period nominated in the direction. 26
106 Section 252 (Certificate of application etc.)
s 54 152 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) The notice must state the following-- 1
(a) whether or not the application has been lodged; 2
(b) a clear description of the land, and its location; 3
(c) details of the activities proposed for the land; 4
(d) an outline of the expected impact on the land of the proposed 5
activities; 6
(e) that the applicant must consult with-- 7
(i) each registered native title body corporate for the land; and 8
(ii) each registered native title claimant for the land; 9
(f) a day (the "consultation start day") for consultation to start 10
under subdivision 3 that is at least 2 months after the giving of the 11
notice to all of the native title notification parties; 12
(g) that the native title notification parties have a right to be heard by 13
the tribunal about whether the lease should be granted and about 14
other matters relating to the grant. 15
of mining registrar 16
`Notification
`600.(1) Within 2 days after the applicant has complied, or purportedly 17
complied, with the requirements of section 599, the applicant must give the 18
mining registrar information in the approved form about the applicant's 19
compliance with section 599. 20
`(2) A copy of the written notice given under section 599(1) must be 21
attached to the approved form. 22
`(3) If the mining registrar is satisfied that a written notice given, or 23
purportedly given, under section 599 has not been given in accordance with 24
the requirements of section 599(1) and (2), or does not comply with the 25
requirements of section 599(3), the mining registrar must-- 26
(a) give the applicant a written direction to give a new written notice 27
under section 599; and 28
(b) in the direction, nominate a period within which the direction 29
must be complied with. 30
s 54 153 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) The new notice, when given, must-- 1
(a) state that it is a replacement notice; and 2
(b) identify the previous notice. 3
`Subdivision 3--Consultation requirements 4
parties 5
`Consultation
`601. The "consultation parties", for a surface alluvium (gold or tin) 6
mining lease application, are-- 7
(a) the applicant; and 8
(b) each registered native title body corporate for the land the subject 9
of the proposed mining lease; and 10
(c) each registered native title claimant for the land. 11
to consult 12
`Requirement
`602.(1) The applicant must consult with each other consultation party. 13
`(2) However, the applicant is not required to consult with another 14
consultation party if the other party has given the applicant a written notice 15
stating that the party does not wish to be consulted about the application. 16
period 17
`Consultation
`603.(1) The "consultation period" for the application-- 18
(a) starts on the consultation start day; and 19
(b) ends 2 months after the consultation start day, or if a later or 20
earlier time is agreed under subsection (2) or (3), the later or 21
earlier time. 22
`(2) The consultation period may be extended to an agreed later time if, 23
within 2 months after the consultation start day-- 24
(a) the consultation parties agree to the extension; and 25
s 54 154 s 54
Native Title (Queensland) State Provisions
Amendment
(b) the mining registrar is notified in writing of the extension. 1
`(3) If at any time the consultation parties agree that there has been 2
enough consultation, the consultation period is taken to end. 3
matters 4
`Consultation
`604.(1) The purpose of the consultation is to minimise the impact of the 5
granting of the surface alluvium (gold or tin) mining lease applied for on 6
land in relation to which native title rights and interests may exist and that 7
will be affected by the granting of the mining lease. 8
`(2) In particular, the consultation must be about the matters mentioned in 9
section 26B(8)107 of the Commonwealth Native Title Act, as follows-- 10
(a) the protection and avoidance of any area or site, on the land or 11
waters to which the native title rights and interests relate, of 12
particular significance to the persons holding the native title in 13
accordance with their traditional laws and customs; 14
(b) any access to the land or waters to which the native title rights and 15
interests relate by-- 16
(i) the persons mentioned in paragraph (a); or 17
(ii) any person who will do anything that is authorised because 18
of, or results from, or otherwise relates to, the mining lease 19
applied for; 20
(c) the way in which any rehabilitation or other thing that is 21
authorised because of, results from, or otherwise relates to, the 22
mining lease applied for, is to be done. 23
107 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native
Title Act
s 54 155 s 54
Native Title (Queensland) State Provisions
Amendment
parties may seek mediation 1
`Consultation
`605.(1) In the consultation period, a consultation party may ask the 2
mining registrar to hold a conference for mediation about the application. 3
`(2) Sections 254 to 259 apply to the conference as if the request were a 4
request made under section 254(1)(a)108 by an owner of land affected by the 5
application. 6
`(3) Despite section 255(3),109 a consultation party may be represented at 7
the conference by a lawyer. 8
`(4) Subject to any order made under section 259,110 a party to the 9
conference must pay the party's own costs for the conference. 10
of result of consultation 11
`Notice
`606.(1) The applicant must, and a consultation party, other than the 12
applicant, may, as soon as practicable after the consultation period ends, 13
give a written notice (a "consultation result notice") to the mining 14
registrar. 15
`(2) The applicant must, as soon as practicable after giving a consultation 16
result notice, give a copy of it to each other consultation party. 17
`(3) If a consultation party, other than the applicant, gives a consultation 18
result notice, the party must, as soon as practicable after giving the notice, 19
give a copy of it to each other consultation party. 20
`(4) A consultation result notice must state the following-- 21
(a) any outcome of the consultation; 22
(b) whether the consultation parties have reached an agreement for the 23
granting of the surface alluvium (gold or tin) mining lease applied 24
for (a "consultation agreement"); 25
108 Section 254 (Mining registrar may call conference in some cases)
109 Section 255 (Who may attend conference)
110 Section 259 (Tribunal may award costs)
s 54 156 s 54
Native Title (Queensland) State Provisions
Amendment
(c) if a consultation agreement has not been reached, but the 1
consultation parties have agreed in part about the granting of the 2
surface alluvium (gold or tin) mining lease applied for, details of 3
the partial agreement. 4
`(5) If a consultation agreement has been reached, a copy of the 5
consultation agreement, signed by all consultation parties, must be given to 6
the mining registrar with the consultation result notice. 7
`(6) The consultation agreement has effect, if the proposed mining lease 8
is granted, as if-- 9
(a) any conditions included in the agreement are the terms of a 10
contract; and 11
(b) the consultation parties are parties to the contract; and 12
(c) if a consultation party is a registered native title claimant--any 13
individual included in the native title claim group concerned is a 14
party to the contract. 15
`(7) Subsection (6) has effect in addition to any other effect that the 16
agreement may have apart from under subsection (6). 17
`(8) The additional requirements provided for in subdivision 4 stop 18
applying to the application if-- 19
(a) a consultation result notice has been given; and 20
(b) a consultation agreement has been reached; and 21
(c) all other native title notification parties for the land have waived 22
their rights to be heard. 23
`Subdivision 4--Hearing requirements 24
of sdiv 4 25
`Application
`607. This subdivision applies only if-- 26
(a) the consultation period for an application for the granting of the 27
surface alluvium (gold or tin) mining lease has ended; and 28
s 54 157 s 54
Native Title (Queensland) State Provisions
Amendment
(b) any of the following applies-- 1
(i) a consultation agreement has not been reached about the 2
application; 3
(ii) the applicant has not given a consultation result notice within 4
7 days after the end of the consultation period; 5
(iii) at least 1 of the native title notification parties for the land the 6
subject of the proposed mining lease has not waived the 7
party's right to be heard. 8
title notification parties' right to be heard 9
`Native
`608.(1) Each native title notification party for the land has a right to be 10
heard by the tribunal about-- 11
(a) whether the surface alluvium (gold or tin) mining lease applied 12
for is to be granted; and 13
(b) any other matter relating to the grant. 14
`(2) A native title notification party may at any time, by a notice in 15
writing to the mining registrar, waive the party's right to be heard. 16
of combined hearing day 17
`Fixing
`609.(1) The mining registrar must, within 14 days after the consultation 18
period ends, fix a day for the tribunal to hear the application under 19
section 265111, as if an objection had been lodged under section 260.112 20
`(2) The mining registrar must give written notice of the day to-- 21
(a) each consultation party for the application; and 22
(b) all other native title notification parties for the land who have not 23
waived their rights to be heard. 24
`(3) The notice must state that, at the hearing, each of the native title 25
notification parties has a right to be heard by the tribunal about-- 26
111 Section 265 (Mining registrar to fix hearing date)
112 Section 260 (Objection to application for grant of mining lease)
s 54 158 s 54
Native Title (Queensland) State Provisions
Amendment
(a) whether the surface alluvium (gold or tin) mining lease applied 1
for is to be granted; and 2
(b) any other matter relating to the grant. 3
`(4) The tribunal must not, under section 270,113 dispense with a hearing. 4
must consider consultation matters and agreed issues 5
`Tribunal
`610. In making its recommendation to the Minister under 6
section 269,114 the tribunal must take into account-- 7
(a) the consultation matters; and 8
(b) any issue agreed between the consultation parties; and 9
(c) any other matter raised before the tribunal by a native title 10
notification party relating to the grant of the surface alluvium 11
(gold or tin) mining lease. 12
about compensation to be made at hearing 13
`Decision
`611. If, at the end of the hearing for the application, the consultation 14
parties have not reached an agreement about compensation, the tribunal, 15
whether or not an application has been made to the tribunal about 16
compensation, must also make any compensation decision or compensation 17
trust decision that is required to be made under part 18115 before the surface 18
alluvium (gold or tin) mining claim is granted. 19
time requirement for hearing 20
`General
`612.(1) The tribunal must take all reasonable steps to ensure the hearing 21
for the application is finished within 3 months after the day the consultation 22
parties were notified of the hearing. 23
`(2) However, if the consultation parties ask, the tribunal may-- 24
113 Section 270 (Procedure where no objections lodged)
114 Section 269 (Tribunal's recommendation on hearing)
115 Part 18 (Compensation provisions)
s 54 159 s 54
Native Title (Queensland) State Provisions
Amendment
(a) provide mediation about the issues in dispute to the extent that, it 1
considers, referral of the parties to mediation will be consistent 2
with finishing the combined hearing as soon as practicable; or 3
(b) order further consultation on conditions it sees fit. 4
5--Notice of grant 5
`Subdivision
of grant to other consultation parties 6
`Notice
`613.(1) If the Governor in Council grants the surface alluvium (gold or 7
tin) mining lease, the holder of the mining lease must, within 28 days after 8
the holder receives notice of the grant, give a written notice complying with 9
subsection (2) to the following-- 10
(a) each other consultation party; 11
(b) each representative Aboriginal/Torres Strait Islander body heard 12
by the tribunal in any hearing for the grant of the surface alluvium 13
(gold or tin) mining lease. 14
Maximum penalty--100 penalty units. 15
`(2) The written notice must-- 16
(a) advise the granting of the surface alluvium (gold or tin) mining 17
lease; and 18
(b) state the conditions of the surface alluvium (gold or tin) mining 19
lease. 20
3--Other mining leases on alternative provision areas 21
`Division
1--Preliminary 22
`Subdivision
of div 3 23
`Application
`614.(1) This division applies to the granting of a proposed mining lease 24
if-- 25
s 54 160 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the mining lease is other than a surface alluvium (gold or tin) 1
mining lease; and 2
(b) the granting of the mining lease is an act-- 3
(i) that affects native title rights and interests; and 4
(ii) to which the right to negotiate provisions would have 5
otherwise applied; and 6
(c) a determination is in force under section 43A(1) of the 7
Commonwealth Native Title Act and this division is included in 8
the alternative provisions the subject of the determination. 9
`(2) However, this division applies to the granting of the proposed 10
mining lease-- 11
(a) only to the extent that the mining lease relates to a place that is on 12
the landward side of the mean high-water mark of the sea; and 13
(b) only to the extent that the land is non-exclusive land that is an 14
alternative provision area. 15
`(3) The requirements of this division are additional to the requirements 16
of part 7. 17
`(4) Despite subsections (1) to (3), this division does not apply to the 18
granting of the proposed mining lease if the applicant elects that the 19
additional requirements stated in division 4 apply instead of the additional 20
requirements stated in this division. 21
for div 3 22
`Definitions
`615. In this division-- 23
"applicant" means the applicant for the proposed mining lease. 24
"closing day (native title issues)", for the proposed mining lease, see 25
section 617(3). 26
"combined hearing", for the proposed mining lease, see section 636. 27
"consultation and negotiation parties", for the proposed mining lease, 28
see section 622(1). 29
s 54 161 s 54
Native Title (Queensland) State Provisions
Amendment
"consultation and negotiation period", for the proposed mining lease, 1
see section 623. 2
"contract conditions" see section 640(1). 3
"land" means the land the subject of the proposed mining lease. 4
"native title issues decision" see section 634(1). 5
"negotiated agreement", for the proposed mining lease, see 6
section 624(1). 7
"notification day (native title issues)", for the proposed mining lease, see 8
section 617(2). 9
"registered native title party" see section 619. 10
`Subdivision 2--Notification and registration requirements 11
to notify 12
`Requirement
`616.(1) The applicant must give a written notice about the proposed 13
mining lease to-- 14
(a) all native title notification parties for the land; and 15
(b) the Native Title Registrar 16
`(2) The applicant must also make sure that a public notice, containing the 17
information contained in the written notice mentioned in subsection (1), is 18
published in-- 19
(a) a newspaper circulating generally in the area of the land; and 20
(b) a relevant special interest publication. 21
`(3) The written notice must be given under subsection (1), and the public 22
notice must be published under subsection (2)-- 23
(a) not earlier than 3 months before the application for the proposed 24
mining lease is lodged; and 25
(b) not later than-- 26
s 54 162 s 54
Native Title (Queensland) State Provisions
Amendment
(i) the end of the period of 28 days after the certificate of 1
application for the proposed mining lease is endorsed by the 2
mining registrar under section 252(2) or reissued under 3
section 253;116 or 4
(ii) if the mining registrar decides a longer period under 5
section 252(7)--the end of the longer period; or 6
(iii) if, under section 618, the mining registrar has given a 7
direction for the giving of a new written notice and the 8
publication of a new public notice--the end of the period 9
nominated in the direction. 10
`(4) The written notice may be about more than 1 proposed mining lease. 11
of written notice 12
`Content
`617.(1) The written notice must state the following-- 13
(a) the following days for the proposed mining lease-- 14
(i) the notification day (native title issues); 15
(ii) the closing day (native title issues); 16
(b) how a person may become a registered native title party; 17
(c) that registered native title parties have a right-- 18
(i) to be consulted about the proposed mining lease; and 19
(ii) to object to the granting of the proposed mining lease; and 20
(iii) to negotiate with a view to reaching agreement about the 21
granting of the proposed mining lease; 22
(d) a clear description of the land, and its location; 23
(e) a description of the nature of the proposed mining lease; 24
(f) that the proposed mining lease, if granted, will be granted by the 25
Governor in Council; 26
116 Section 252 (Certificate of application etc.), section 253 (Reissue of certificate
of application)
s 54 163 s 54
Native Title (Queensland) State Provisions
Amendment
(g) how further information about the proposed mining lease, and 1
about the matters mentioned in paragraph (c), can be obtained 2
from the applicant and from the mining registrar. 3
`(2) The "notification day (native title issues)" must be a day that may 4
reasonably be assumed to be a day by which-- 5
(a) the written notice will have been received by each person to 6
whom it is to be given, and 7
(b) the public notice will have come to the attention of each person to 8
whom the public notice is directed. 9
`(3) The "closing day (native title issues)" must be a day at least 10
3 months after the notification day (native title issues). 11
of mining registrar 12
`Notification
`618.(1) Within 2 days after the applicant has complied, or purportedly 13
complied, with the requirements of sections 616 and 617, the applicant must 14
give the mining registrar information in the approved form about the 15
applicant's compliance with sections 616 and 617. 16
`(2) The following must be attached to the approved form-- 17
(a) a copy of the written notice given under section 616(1); 18
(b) the page, or a copy of the page, of the newspaper mentioned in 19
section 616(2)(a) that contained the public notice mentioned in 20
section 616(2); 21
(c) the page, or a copy of the page, of the relevant special interest 22
publication mentioned in section 616(2)(b) that contained the 23
public notice mentioned in section 616(2). 24
`(3) The mining registrar must give the applicant a written direction to 25
give a new written notice, and publish a new public notice, under 26
sections 616 and 617 if the mining registrar is satisfied that 1 or more of the 27
following applies-- 28
(a) the giving of the written notice was not in accordance with the 29
requirements of section 616(1) and (3); 30
s 54 164 s 54
Native Title (Queensland) State Provisions
Amendment
(b) the content of the written notice was not in accordance with the 1
requirements of section 617; 2
(c) the publication of the public notice was not in accordance with the 3
requirements of section 616(2) and (3). 4
`(4) The written direction must nominate a period within which the 5
direction must be complied with. 6
`(5) The new written notice, when given, and the new public notice, when 7
published, must-- 8
(a) state that it is a replacement notice; and 9
(b) identify the previous notice. 10
native title parties 11
`Registered
`619.(1) An entity is a "registered native title party" depending on 12
when the issue has to be considered. 13
`(2) On the closing day (native title issues), and at any time before it, each 14
of the following entities is a "registered native title party"-- 15
(a) a registered native title body corporate in relation to the land; 16
(b) a registered native title claimant in relation to the land. 17
`(3) At any time in the 1 month immediately following the closing day 18
(native title issues), each of the following entities is a "registered native title 19
party"-- 20
(a) a registered native title body corporate in relation to the land, if the 21
body corporate was a registered native title body corporate in 22
relation to the land on or before the closing day (native title 23
issues); 24
(b) a registered native title body corporate in relation to the land, if the 25
body corporate became a registered native title body corporate in 26
relation to the land-- 27
(i) after the closing day (native title issues); and 28
s 54 165 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) as a result of a native title determination application 1
containing a claim that was entered on the register of native 2
title claims as at the closing day (native title issues); 3
(c) an entity that filed a native title determination application in the 4
Federal Court in relation to the land on or before the closing day 5
(native title issues). 6
`(4) At any time after the 1 month immediately following the closing day 7
(native title issues), each of the following entities is a "registered native title 8
party"-- 9
(a) a registered native title body corporate in relation to the land, if the 10
body corporate was a registered native title body corporate in 11
relation to the land on or before the closing day (native title 12
issues); 13
(b) a registered native title body corporate in relation to the land, if the 14
body corporate became a registered native title body corporate in 15
relation to the land as a result of a native title determination 16
application containing a claim that was entered on the register of 17
native title claims as at the closing day (native title issues); 18
(c) an entity that is a registered native title claimant in relation to the 19
land, if the entity-- 20
(i) filed a native title determination application in the Federal 21
Court on or before the closing day (native title issues); and 22
(ii) was a registered native title claimant in relation to the land as 23
at 1 month after the closing day (native title issues). 24
`(5) If a person (the "first person") becomes a registered native title 25
claimant because the first person replaces another person as the applicant in 26
relation to a claimant application, and the other person is a registered native 27
title party, the first person also replaces the other person as the registered 28
native title party. 29
s 54 166 s 54
Native Title (Queensland) State Provisions
Amendment
to mining registrar 1
`Advice
`620.(1) As soon as practicable after the closing day (native title issues) 2
for the proposed mining lease, the applicant must give the mining registrar a 3
list, in the approved form, of the names and addresses of-- 4
(a) all registered native title parties as at the closing day (native title 5
issues); and 6
(b) all entities that may become registered native title parties. 7
`(2) As soon as practicable after the end of 1 month after the closing day 8
(native title issues) for the proposed mining lease, the applicant must give 9
the mining registrar a list in the approved form of the names and addresses 10
of all entities that have become registered native title parties in the month. 11
`(3) Subsection (2) does not apply if at the closing day (native title 12
issues), there were no entities that might have become registered native title 13
parties. 14
of additional requirements 15
`Ending
`621. The additional requirements provided for under this division stop 16
applying for the proposed mining lease if after the closing day (native title 17
issues)-- 18
(a) there are no registered native title parties, and no entities who may 19
become registered native title parties; or 20
(b) the following entities certify in the approved form lodged with the 21
mining registrar that they do not object to the grant of the 22
proposed mining lease and do not wish to be consulted about it-- 23
(i) all registered native title parties; 24
(ii) if 1 month after the closing day (native title issues) has not 25
expired, all entities who may become registered native title 26
parties. 27
s 54 167 s 54
Native Title (Queensland) State Provisions
Amendment
3--Consultation and negotiation 1
`Subdivision
to consultation and negotiation 2
`Parties
`622.(1) The parties to the consultation and negotiation required under 3
this subdivision about the granting of the proposed mining lease are the 4
following (the "consultation and negotiation parties" for the proposed 5
mining lease)-- 6
(a) the applicant; 7
(b) the registered native title parties; 8
(c) the State. 9
`(2) However, the State stops being a consultation and negotiation party 10
for the proposed mining lease if the State and the other consultation and 11
negotiation parties for the proposed mining lease at any time agree, in the 12
approved form lodged with the mining registrar, that the State is not to be a 13
consultation and negotiation party. 14
`(3) Also, if the consultation and negotiation parties at any time agree, in 15
the approved form lodged with the mining registrar, that the State is to take 16
a particular role in the consultation and negotiation, stated in the lodged 17
approved form, the State may adopt the stated role, even though it is no 18
longer a consultation and negotiation party. 19
`(4) A registered native title party is taken to stop being a consultation and 20
negotiation party if the party lodges an approved form under section 621(b). 21
and negotiation period 22
`Consultation
`623.(1) The "consultation and negotiation period" for the proposed 23
mining lease starts on the later of the following-- 24
(a) the day immediately after the closing day (native title issues) for 25
the proposed mining lease; 26
(b) the day the mining registrar endorses the certificate of application 27
under section 252(2).117 28
117 Section 252 (Certificate of application etc.)
s 54 168 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) The "consultation and negotiation period" for the proposed mining 1
lease ends-- 2
(a) if paragraph (b) does not apply--3 months after the period starts; 3
or 4
(b) if, within 3 months after the period starts, the consultation and 5
negotiation parties agree on a time, which must be later than the 6
time that would otherwise apply under paragraph (a), and advise 7
the mining registrar in writing of the agreed later time--at the 8
agreed later time. 9
`(3) However, if an environmental impact statement is completed under 10
part 7 for the proposed mining lease, the consultation and negotiation period 11
for the proposed mining lease ends on the later of the following-- 12
(a) 3 months after the day the mining registrar displays the notice 13
about the environmental impact statement at the mining registrar's 14
office under section 264(3);118 15
(b) if the registered native title parties and the applicant agree on a 16
time, which must be later than the time that would otherwise 17
apply under paragraph (a), and advise the mining registrar in 18
writing of the agreed later time--at the agreed later time; 19
(c) the time that would otherwise apply under subsection (2). 20
for consultation and negotiation 21
`Requirement
`624.(1) In the consultation and negotiation period, the consultation and 22
negotiation parties for the proposed mining lease must consult and negotiate 23
with a view to obtaining the agreement of each of the registered native title 24
parties (a "negotiated agreement") to-- 25
(a) the granting of the proposed mining lease; and 26
(b) any conditions to be complied with by the consultation and 27
negotiation parties if the proposed mining lease is granted. 28
`(2) Also, as part of the consultation and negotiation-- 29
118 Section 264 (What happens after environmental impact statement is prepared?)
s 54 169 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the applicant-- 1
(i) must consult the registered native title parties about ways of 2
minimising the impact of the grant of the proposed mining 3
lease on their registered native title rights and interests in 4
relation to the land, including about-- 5
(A) any access to the land; and 6
(B) the way in which anything authorised by the proposed 7
mining lease might be done; and 8
(ii) for the consultation, must have regard to the guidelines set 9
out in this subdivision for applicant consultation; and 10
(b) the registered native title parties-- 11
(i) must consult the other consultation and negotiation parties 12
about the effect of the grant of the proposed mining lease on 13
their registered native title rights and interests; and 14
(ii) for the consultation, must have regard to the guidelines stated 15
in this subdivision for registered native title party 16
consultation. 17
of negotiation 18
`Content
`625.(1) Subsections (3) to (5) apply for the requirement under this 19
subdivision to negotiate. 20
`(2) However, subject to those subsections, this subdivision does not 21
limit the requirements that apply for negotiation. 22
`(3) A consultation and negotiation party must make every reasonable 23
effort to reach agreement. 24
`(4) A consultation and negotiation party is not required to negotiate 25
about issues unrelated or unconnected to the proposed mining lease. 26
`(5) A consultation and negotiation party is not required to negotiate 27
about matters unrelated to the impact of the grant of the proposed mining 28
lease on the registered native title rights and interests of registered native title 29
parties. 30
s 54 170 s 54
Native Title (Queensland) State Provisions
Amendment
to negotiate 1
`Failure
`626. The failure of 1 consultation and negotiation party to negotiate as 2
required under this subdivision can not be used to establish that another 3
consultation and negotiation party has not negotiated as required under this 4
subdivision. 5
for mediation 6
`Request
`627.(1) At any time during the consultation and negotiation period, a 7
consultation and negotiation party may ask for mediation to help in 8
resolving issues relevant to the consultation and negotiation. 9
`(2) If a consultation and negotiation party asks for mediation under 10
subsection (1), mediation-- 11
(a) must be conducted by-- 12
(i) a mediator chosen by the consultation and negotiation 13
parties; or 14
(ii) if the consultation and negotiation parties are not able to 15
agree on a mediator and the party asks the tribunal to provide 16
the mediation--the tribunal, or a mediator chosen by the 17
tribunal; and 18
(b) does not extend the consultation and negotiation period; and 19
(c) may continue after the consultation and negotiation period has 20
ended if the consultation and negotiation parties agree; and 21
(d) may end at any time-- 22
(i) by decision of the mediator; or 23
(ii) by agreement of the consultation and negotiation parties. 24
for consultation and negotiation--applicant consultation 25
`Process
`628.(1) This section states guidelines for applicant consultation under 26
this subdivision. 27
`(2) The consultation should start as soon as practicable after the 28
consultation and negotiation period starts. 29
s 54 171 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) The applicant should-- 1
(a) give each registered native title party a true copy of the application 2
for the proposed mining lease (but not the statement detailing the 3
applicant's financial and technical resources) and the endorsed 4
certificate of application; and 5
(b) convene at least 1 meeting ("consultation meeting") to provide a 6
reasonable opportunity for all registered native title parties to be 7
given a presentation about the proposed mining lease. 8
`(4) A consultation meeting may be-- 9
(a) in the town or city where the mining registrar is located; or 10
(b) in a town or city in which there is an office of the representative 11
Aboriginal/Torres Strait Islander body for the area that includes 12
the land; or 13
(c) at another place agreed between the consultation and negotiation 14
parties. 15
`(5) A consultation meeting should be convened at a time and place 16
suitable for maximising attendance. 17
`(6) If the applicant has convened a consultation meeting under 18
subsection (3)(b), the meeting is taken to have happened even though not 19
all, or none, of the registered native title parties attended the meeting. 20
`(7) The presentation mentioned in subsection (3)(b) should be directed at 21
providing registered native title parties with an understanding of the 22
anticipated nature, extent and impact of the project authorised by the grant of 23
the proposed mining lease. 24
`(8) Consultation under this section should be completed within 1 month 25
after the consultation and negotiation period starts. 26
for consultation and negotiation--registered native title 27
`Process
parties consultation 28
`629.(1) This section states the guidelines for registered native title party 29
consultation under this subdivision. 30
s 54 172 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) The consultation should be carried out as soon as practicable after the 1
applicant consultation has been completed. 2
`(3) Each registered native title party should advise the other consultation 3
and negotiation parties about the impact the party considers the grant of the 4
proposed mining lease will have on the party's registered native title rights 5
and interests. 6
for consultation and negotiation--taking account of existing 7
`Process
rights, interests and use 8
`630. Without limiting the scope of consultation and negotiation under 9
this subdivision, the nature and extent of the following may be taken into 10
account-- 11
(a) existing non-native title rights and interests in relation to the land; 12
(b) existing use of the land by persons, other than the registered 13
native title parties; 14
(c) the practical effect of the exercise of any existing non-native title 15
rights and interests mentioned in paragraph (a), and of the existing 16
use mentioned in paragraph (b), on the exercise of native title 17
rights and interests in relation to the land. 18
for consultation and negotiation--negotiated agreement with 19
`Process
or without conditions attached 20
`631.(1) This section applies if a negotiated agreement is reached, 21
whether or not the negotiated agreement includes conditions to be complied 22
with by the consultation and negotiation parties for the proposed mining 23
lease if the proposed mining lease is granted. 24
`(2) The consultation and negotiation parties must-- 25
(a) lodge a certificate in the approved form with the mining registrar 26
stating that a negotiated agreement has been reached for the 27
proposed mining lease; and 28
(b) give a copy of the certificate to the tribunal. 29
s 54 173 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) When the approved form has been lodged under subsection (2), the 1
additional requirements provided for under this division, other than 2
section 632, stop applying to the proposed mining lease. 3
for consultation and negotiation--negotiated agreement with 4
`Process
conditions attached 5
`632.(1) This section applies if a negotiated agreement is reached, and the 6
negotiated agreement includes conditions to be complied with by the 7
consultation and negotiation parties for the proposed mining lease if the 8
proposed mining lease is granted. 9
`(2) The negotiated agreement has effect, if the proposed mining lease is 10
granted, as if-- 11
(a) the conditions included in the agreement were the terms of a 12
contract; and 13
(b) all the consultation and negotiation parties were parties to the 14
contract; and 15
(c) if a registered native title party is a registered native title 16
claimant--any individual included in the native title claim group 17
concerned were a party to the contract. 18
`(3) Subsection (2) has effect in addition to any other effect that the 19
negotiated agreement may have apart from under subsection (2). 20
during consultation and negotiation period 21
`Objection
`633.(1) At any time during the consultation and negotiation period, a 22
registered native title party may lodge an objection to the proposed mining 23
lease on the ground that the granting of the proposed mining lease would 24
affect the party's registered native title rights and interests or on any other 25
matter relating to the grant. 26
`(2) The objection-- 27
(a) must be made in writing in the approved form; and 28
(b) must be lodged with the mining registrar; and 29
s 54 174 s 54
Native Title (Queensland) State Provisions
Amendment
(c) must state the facts and circumstances relied on by the registered 1
native title party in support of the ground of objection. 2
`(3) Anything about the amount or payment of compensation is not a 3
ground for objection. 4
`(4) The registered native title party must also give a copy of the 5
objection, and all material accompanying the objection, to the other 6
consultation and negotiation parties and the tribunal as soon as practicable 7
after the objection is lodged with the mining registrar. 8
`(5) At any time before the consultation and negotiation period has ended, 9
the registered native title party may withdraw the objection by lodging with 10
the mining registrar a written notice withdrawing the objection. 11
`(6) The registered native title party must also give a copy of the written 12
notice withdrawing the objection to the other consultation and negotiation 13
parties and the tribunal as soon as practicable after the withdrawal of the 14
objection is lodged with the mining registrar. 15
`(7) The registered native title party must withdraw the objection under 16
this section if at any time a negotiated agreement is reached. 17
`(8) The registered native title party may object about the effect of the 18
grant of the proposed mining lease on its registered native title rights and 19
interests under this section only, and may not object under section 260119 20
about the effect of the grant of the proposed mining lease on its registered 21
native title rights and interests. 22
`(9) If at any time a person who has lodged an objection under this 23
section stops being a registered native title party, the objection is taken to 24
have been withdrawn. 25
`(10) However, an objection continues to have effect as an objection if the 26
person who lodged the objection stops being a registered native title party 27
because-- 28
119 Section 260 (Objection to application for grant of mining lease)
s 54 175 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the person is replaced by another person (the "replacing 1
person") under section 66B120 of the Commonwealth Native 2
Title Act; or 3
(b) an approved determination of native title that native title exists is 4
made, and immediately before the determination is made, the 5
person is a registered native title claimant. 6
`(11) If an objection continues to have effect as an objection because of 7
subsection (10)(a), the objection it taken to have been lodged by the 8
replacing person. 9
`(12) If an objection continues to have effect as an objection because of 10
subsection (10)(b), the objection it taken to have been lodged by the relevant 11
registered native title body corporate. 12
`(13) An objection lodged under this section, if it is not withdrawn, must 13
be given to the tribunal and must be heard by the tribunal in a combined 14
hearing under subdivision 4. 15
`(14) However, the tribunal must not hear an objection if the objection 16
has not been made in substantial compliance with this section. 17
`Subdivision 4--Referral and native title issues decision 18
of proposed mining lease to tribunal 19
`Referral
`634.(1) If the consultation and negotiation period has ended, but a 20
negotiated agreement has not been reached, a consultation and negotiation 21
party for the proposed mining lease may refer the proposed mining lease to 22
the tribunal for a decision under this division (a "native title issues 23
decision"). 24
`(2) The referral must be-- 25
(a) lodged with the mining registrar; and 26
(b) made in the approved form. 27
120 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act
s 54 176 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) A copy of the approved form lodged with the mining registrar must 1
also be given to the other consultation and negotiation parties for the 2
proposed mining lease. 3
`(4) If there has been no referral within 3 months after the end of the 4
consultation and negotiation period, the Minister may reject the application 5
for the proposed mining lease. 6
`(5) If the consultation and negotiation period has ended, and a registered 7
native title party who lodged an objection under section 633 has not 8
withdrawn the objection, the proposed mining lease is taken to have been 9
referred to the tribunal under subsection (1). 10
negotiation and mediation 11
`Continuing
`635.(1) After the referral of the proposed mining lease to the tribunal, 12
the consultation and negotiation parties for the proposed mining lease may 13
continue to negotiate to reach a negotiated agreement before the native title 14
issues decision is made. 15
`(2) If a negotiated agreement is reached, all referrals of the proposed 16
mining lease to the tribunal are taken to be withdrawn, and the tribunal must 17
not make a native title issues decision. 18
hearing 19
`Combined
`636.(1) The hearing under part 7 of the application for the grant of the 20
proposed mining lease must include the following-- 21
(a) the hearing of the objections and other matters mentioned in 22
section 268(1);121 23
(b) the hearing for a native title issues decision, including the hearing 24
of any objections lodged under section 633. 25
`(2) The hearing mentioned in subsection (1) is a "combined hearing". 26
121 Section 268 (Hearing of application for grant of mining lease)
s 54 177 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) The tribunal must not act under section 270122 to dispense with a 1
hearing, unless a negotiated agreement has been reached. 2
`(4) All consultation and negotiation parties have the right to be heard at 3
the combined hearing. 4
of date for combined hearing 5
`Fixing
`637.(1) This section applies if the mining registrar is required to fix 6
under section 265123 a hearing date for the combined hearing, but there has 7
not yet been a referral (other than a referral that has been withdrawn) of the 8
mining lease for a native title issues decision. 9
`(2) The mining registrar may, if the applicant agrees, fix a hearing date 10
for the application for the proposed mining lease, and any objections to the 11
application, under section 265 as if the hearing were not a combined 12
hearing. 13
`(3) At the hearing, the tribunal may-- 14
(a) proceed with the hearing of the application for the proposed 15
mining lease, and any objections to the application, as if the 16
hearing were not a combined hearing; and 17
(b) at an appropriate time adjourn the hearing; and 18
`(4) However, as soon as practicable after a negotiated agreement is 19
reached or the proposed mining lease is referred to the tribunal for a native 20
title issues decision, the tribunal must reconvene the combined hearing. 21
`(5) The mining registrar may defer fixing a date for the combined 22
hearing until the proposed mining lease is referred to the tribunal for a native 23
title issues decision. 24
`(6) If the proposed mining lease has been referred to the tribunal for a 25
native title issues decision, but the mining registrar is not yet required under 26
section 265 to fix a hearing date for the combined hearing, the mining 27
registrar must fix a date for the combined hearing when the mining registrar 28
is able to fix a date under section 265. 29
122 Section 270 (Procedure where no objections lodged)
123 Section 265 (Mining registrar to fix hearing date)
s 54 178 s 54
Native Title (Queensland) State Provisions
Amendment
5--Requirements for combined hearing 1
`Subdivision
about conduct of combined hearing 2
`Directions
`638. At any time after the referral of the proposed mining lease for a 3
native title issues decision, the tribunal may give directions to the 4
consultation and negotiation parties, including directions about the filing and 5
serving of the following-- 6
(a) a statement by the applicant that includes a copy of the material 7
provided to the registered native title parties under subdivision 3; 8
(b) a statement of impact by each registered native title party, stating 9
the effect the party considers the grant of the proposed mining 10
lease will have on the party's registered native title rights and 11
interests; 12
(c) submissions by any of the consultation and negotiation parties on 13
the matters the tribunal will be required to take into account for 14
making its native title issues decision. 15
of compliance with sdiv 3 16
`Issue
`639.(1) If a consultation and negotiation party raises the issue of whether 17
another consultation and negotiation party has complied with subdivision 3, 18
including with the requirement for negotiation, the issue must be dealt with 19
as a part of the combined hearing for the application for the grant of the 20
proposed mining lease. 21
`(2) If at the combined hearing the tribunal is not satisfied that the 22
applicant or the State has complied with subdivision 3, including with the 23
requirement for negotiation, it may adjourn the combined hearing to allow 24
for the subdivision to be complied with by all the consultation and 25
negotiation parties. 26
`(3) An adjournment under subsection (2) may only be for a maximum 27
period of 3 months. 28
`(4) If the tribunal is satisfied that a registered native title party did not 29
comply with subdivision 3, including with the requirement for negotiation, 30
the tribunal may not adjourn the combined hearing on that ground alone. 31
s 54 179 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) However, the tribunal may take the failure of a consultation and 1
negotiation party to comply with subdivision 3 into account in making its 2
native title issues decision. 3
`(6) A consultation and negotiation party can not raise the issue of the 4
State's compliance with subdivision 3, including the requirement for 5
negotiation, on the ground that the State stopped being a consultation and 6
negotiation party under section 622(2) or took a particular role under 7
section 622(3). 8
of native title issues decision 9
`Nature
`640.(1) The native title issues decision must be 1 of the following-- 10
(a) that the proposed mining lease may be granted; 11
(b) that the proposed mining lease may be granted, but subject to 12
either or both of the following-- 13
(i) that conditions, described or identified in the native title 14
issues decision, are to be included in the mining lease; 15
(ii) that conditions ("contract conditions"), described or 16
identified in the native title issues decision, are required to be 17
complied with by 1 or more of the consultation and 18
negotiation parties (even though the conditions are not 19
included in the mining lease); 20
(c) that the proposed mining lease should not be granted. 21
`(2) If, at the end of the combined hearing, the consultation and 22
negotiation parties have not reached an agreement about compensation, the 23
tribunal, whether or not an application has been made to the tribunal about 24
compensation, must also make any compensation decision or compensation 25
trust decision that is required to be made under part 18 before the mining 26
lease is granted. 27
`(3) The tribunal must not include a condition, whether or not a contract 28
condition, that has the effect that a registered native title party is entitled to 29
payments from the applicant worked out by reference to 1 or more of the 30
following-- 31
s 54 180 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the amount of profits to be made under the proposed mining 1
lease; 2
(b) the amount of any income to be derived under the proposed 3
mining lease; 4
(c) anything to be produced under the proposed mining lease. 5
of tribunal's recommendation and native title issues decision 6
`Timing
`641. The tribunal must advise the Minister of its native title issues 7
decision when the tribunal forwards its recommendation to the Minister 8
under section 269(1).124 9
native title issues decision 10
`Tribunal's
`642.(1) In making its native title issues decision, the tribunal must take 11
into account the effect of the proposed mining lease on-- 12
(a) the enjoyment by the registered native title parties of their 13
registered native title rights and interests; and 14
(b) the economic or other significance of the grant of the proposed 15
mining lease to the following-- 16
(i) Australia; 17
(ii) Queensland; 18
(iii) the region; 19
(iv) the inhabitants of the area in which the land is located. 20
(2) In taking into account the matters mentioned in subsection (1), the 21
tribunal may also consider the effect of the grant of the proposed mining 22
lease on-- 23
(a) the way of life, culture, traditions and economic interests of any of 24
the registered native title parties; and 25
(b) the freedom of access by any of the registered native title parties 26
to the land; and 27
124 Section 269 (Tribunal recommendation on hearing)
s 54 181 s 54
Native Title (Queensland) State Provisions
Amendment
(c) the carrying out, by any of the registered native title parties, of 1
rites, ceremonies or other activities of cultural significance, on the 2
land, in accordance with their traditions; and 3
(d) any area or site of particular significance to the registered native 4
title parties in accordance with their traditions, that is located on 5
the land; and 6
(e) any other matter the tribunal considers relevant. 7
`(3) In deciding the effect of the grant of the proposed mining lease on 8
the matter mentioned in subsection (1)(a), the tribunal must also take into 9
account-- 10
(a) the nature and extent of-- 11
(i) existing non-native title rights and interests in relation to the 12
land of persons other than the registered native title parties; 13
and 14
(ii) existing use of the land by persons other than the registered 15
native title parties; and 16
(b) the practical effect on the exercise of native title rights and 17
interests in relation to the land of-- 18
(i) the exercise of any existing non-native title rights and 19
interests mentioned in paragraph (a)(i); and 20
(ii) the existing use mentioned in paragraph (a)(ii). 21
`(4) In complying with subsections (1) to (3), the tribunal must take into 22
account the content of all objections lodged under this division to the 23
granting of the proposed mining lease, and any other documents lodged or 24
filed under this division. 25
`(5) Taking into account the effect of the grant of the proposed mining 26
lease on an area or site mentioned in subsection (2)(d) does not affect the 27
operation of any law of the State for the preservation or protection of those 28
areas or sites. 29
`(6) Before making the native title issues decision-- 30
s 54 182 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the tribunal must establish whether there are any issues relevant to 1
its decision on which the consultation and negotiation parties are 2
currently in agreement; and 3
(b) if there are agreed issues under paragraph (a), and all the 4
consultation and negotiation parties consent--the tribunal, in 5
making its native title issues decision-- 6
(i) must take the agreed issues into account; and 7
(ii) need not take into account the matters mentioned in 8
subsection (1), and need not consider the matters mentioned 9
in subsection (2), to the extent the matters are the subject of 10
the agreed issues. 11
matters 12
`Deferred
`643.(1) As well as making the native title issues decision, the tribunal 13
may make a decision about matters (the "deferred matters") that-- 14
(a) were the subject of consultation and negotiation in the consultation 15
and negotiation period for the proposed mining lease; and 16
(b) under an agreement that includes all the consultation and 17
negotiation parties, are to be the subject of further consultation and 18
negotiation, or are to be decided in a way stated in the decision 19
under this section; and 20
(c) are not reasonably capable of being decided when the native title 21
issues decision is made; and 22
(d) are not directly relevant to the native title issues decision. 23
`(2) The tribunal must give a copy of its decision under this section to-- 24
(a) the consultation and negotiation parties; and 25
(b) if the State is not a consultation and negotiation party, the mining 26
registrar. 27
`(3) The tribunal's decision under this section about the deferred matters 28
is binding on all the consultation and negotiation parties. 29
s 54 183 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) If the decision under this section is that the deferred matters are to be 1
decided by arbitration, and after the decision is made, the consultation and 2
negotiation parties can not agree on the way the arbitration is to take place, 3
the tribunal, on the application of a consultation and negotiation party, has 4
jurisdiction to decide the deferred matters. 5
time requirement for making native title issues decision 6
`General
`644.(1) The tribunal must take all reasonable steps to make sure that the 7
native title issues decision is made within 4 months after the proposed 8
mining lease is referred to the tribunal for the decision. 9
`(2) If the native title issues decision is not made within the 4 months, the 10
tribunal must, as soon as practicable after the 4 months ends, give a written 11
notice to the Minister-- 12
(a) advising why the native title issues decision has not yet been 13
made; and 14
(b) giving an estimate of when the decision is likely to be made. 15
of native title issues decision 16
`Effect
`645.(1) The native title issues decision must be complied with by the 17
Minister, including in any recommendation of the Minister to the Governor 18
in Council under section 271,125 unless the Minister overrules the native title 19
issues decision under subdivision 6. 20
`(2) If the native title issues decision is that the proposed mining lease 21
should not be granted, the tribunal may nevertheless recommend under 22
section 269126 that the application for the proposed mining lease should be 23
granted. 24
125 Section 271 (Minister to consider recommendations made in respect of
application for grant of mining lease)
126 Section 269 (Tribunal's recommendation on hearing)
s 54 184 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) However if subsection (2) applies, the Minister must not 1
recommend to the Governor in Council under section 271 that the proposed 2
mining lease be granted unless the Minister overrules the native title issues 3
decision under section 646. 4
6--Overruling of native title issues decision 5
`Subdivision
may overrule native title issues decision 6
`Minister
`646.(1) The Minister may overrule the native title issues decision, but 7
only if-- 8
(a) the Minister principally responsible for indigenous affairs has 9
been given a copy of the native title issues decision and is 10
consulted about-- 11
(i) the native title issues decision; and 12
(ii) the Minister's proposed substituted decision under 13
subsection (2); and 14
(b) the consultation is taken into account; and 15
(c) it is in the interests of Queensland to overrule the native title 16
issues decision; and 17
(d) the Minister overrules the decision within 2 months after the 18
native titles issues decision is made. 19
`(2) If the Minister overrules the native title issues decision, the Minister 20
must make a substituted decision. 21
`(3) The substituted decision-- 22
(a) must comply with the requirements of section 640(1) and (3) for 23
a native title issues decision; and 24
(b) when made, takes the place of the native title issues decision. 25
`(4) The substituted decision can not overrule a compensation decision or 26
compensation trust decision, for the granting of the proposed mining lease, 27
already made by the tribunal under part 18. 28
s 54 185 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) If the substituted decision is that the proposed mining lease may be 1
granted with or without conditions, the Minister must refer the matter to the 2
tribunal for-- 3
(a) if a compensation decision or compensation trust decision has 4
already been made under part 18 for the granting of the proposed 5
mining lease--a new compensation decision or compensation 6
trust decision; or 7
(b) otherwise--a compensation decision or compensation trust 8
decision under part 18 for the granting of the proposed mining 9
lease. 10
`(6) The Minister must give a copy of the substituted decision to the 11
tribunal and the consultation and negotiation parties. 12
`(7) In this section-- 13
"in the interests of Queensland" includes-- 14
(a) for the social or economic benefit of Queensland (including of 15
Aboriginal peoples and Torres Strait Islanders); and 16
(b) in the interests of the relevant region or locality in Queensland. 17
of overruling 18
`Effect
`647.(1) This section applies if the Minister makes a substituted decision 19
under section 646. 20
`(2) If the substituted decision is that the proposed mining lease may be 21
granted, but subject to conditions to be included in the mining lease, any 22
recommendation of the Minister to the Governor in Council under 23
section 271 127 that the proposed mining lease be granted, must include a 24
recommendation that the proposed mining lease be granted subject to the 25
conditions. 26
`(3) If the substituted decision is that the proposed mining lease should 27
not be granted, the Minister must not recommend to the Governor in 28
Council under section 271 that the proposed mining lease be granted. 29
127 Section 271 (Minister to consider recommendation made in respect of
application for grant of mining lease)
s 54 186 s 54
Native Title (Queensland) State Provisions
Amendment
7--Miscellaneous matters about grant 1
`Subdivision
conditions 2
`Contract
`648.(1) If the Governor in Council grants the proposed mining lease, a 3
contract condition has effect, in addition to any effect that it may have other 4
than under this subsection, as if it were included in the terms of a contract 5
between the consultation and negotiation parties. 6
`(2) If a consultation and negotiation party is a registered native title 7
claimant, any individual included in the native title claim group concerned is 8
a party to the contract. 9
of grant to registered native title parties 10
`Notice
`649.(1) If the Governor in Council grants the proposed mining lease, the 11
holder of the mining lease must, within 28 days after the holder receives 12
notice of the grant, give a written notice complying with subsection (2) to 13
each registered native title party. 14
Maximum penalty--100 penalty units. 15
`(2) The written notice must-- 16
(a) advise the granting of the mining lease; and 17
(b) state-- 18
(i) any contract conditions; and 19
(ii) the conditions of the mining lease. 20
`Division 4--Other mining leases not on alternative provision areas 21
1--Preliminary 22
`Subdivision
of div 4 23
`Application
`650.(1) This division applies to the granting of a proposed mining lease 24
if-- 25
s 54 187 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the mining lease is other than a surface alluvium (gold or tin) 1
mining lease; and 2
(b) the granting of the mining lease is an act-- 3
(i) that affects native title rights and interests; and 4
(ii) to which the right to negotiate provisions would have 5
otherwise applied; and 6
(c) a determination is in force under section 43(1) of the 7
Commonwealth Native Title Act and this division is included in 8
the alternative provisions the subject of the determination. 9
`(2) However, this division applies to the granting of the proposed 10
mining lease-- 11
(a) only to the extent that the mining lease relates to a place that is on 12
the landward side of the mean high-water mark of the sea; and 13
(b) only to the extent that the land is non-exclusive land other than an 14
alternative provision area. 15
`(3) The requirements of this division are additional to the requirements 16
of part 7. 17
`(4) Despite subsections (1) to (3), this division also applies to the 18
granting of the proposed mining lease to the extent that the land is 19
non-exclusive land that is an alternative provision area, if the applicant elects 20
under division 3 that the additional requirements stated in this division apply 21
instead of the additional requirements stated in division 3. 22
for div 4 23
`Definitions
`651. In this division-- 24
"applicant" means the applicant for the proposed mining lease. 25
"closing day (native title issues)", for the proposed mining lease, see 26
section 653(3). 27
"combined hearing", for the proposed mining lease, see section 671. 28
"consultation and negotiation parties", for the proposed mining lease, 29
see section 658(1). 30
s 54 188 s 54
Native Title (Queensland) State Provisions
Amendment
"contract conditions" see section 675(1). 1
"land" means the land the subject of the proposed mining lease. 2
"Minister's decision" see section 684. 3
"native title issues decision" see section 669(1). 4
"negotiated agreement", for the proposed mining lease, 5
see section 659(1). 6
"notification day (native title issues)", for the proposed mining lease, 7
see section 653(2). 8
"registered native title party" see section 655. 9
"urgency notice" see section 683. 10
`Subdivision 2--Notification and registration requirements 11
to notify 12
`Requirement
`652.(1) The applicant must give a written notice about the proposed 13
mining lease to-- 14
(a) all native title notification parties for the land; and 15
(b) the Native Title Registrar 16
`(2) The applicant must also make sure that a public notice, containing the 17
information contained in the written notice mentioned in subsection (1), is 18
published in-- 19
(a) a newspaper circulating generally in the area of the land; and 20
(b) a relevant special interest publication. 21
`(3) The written notice must be given under subsection (1), and the public 22
notice must be published under subsection (2)-- 23
(a) not earlier than 3 months before the application for the proposed 24
mining lease is lodged; and 25
(b) not later than-- 26
s 54 189 s 54
Native Title (Queensland) State Provisions
Amendment
(i) the end of the period of 28 days after the certificate of 1
application for the proposed mining lease is endorsed by the 2
mining registrar under section 252(2) or reissued under 3
section 253;128 or 4
(ii) if the mining registrar decides a longer period under 5
section 252(7)--the end of the longer period; or 6
(iii) if, under section 654, the mining registrar has given a 7
direction for the giving of a new written notice and the 8
publication of a new public notice--the end of the period 9
nominated in the direction. 10
`(4) The written notice may be about more than 1 proposed mining lease. 11
of written notice 12
`Content
`653.(1) The written notice must state the following-- 13
(a) the following days for the proposed mining lease-- 14
(i) the notification day (native title issues); 15
(ii) the closing day (native title issues); 16
(b) how a person may become a registered native title party; 17
(c) that registered native title parties have a right-- 18
(i) to be consulted about the proposed mining lease;129 and 19
(ii) to object to the granting of the proposed mining lease130; and 20
(iii) to negotiate with a view to reaching agreement about the 21
granting of the proposed mining lease;131 22
(d) a clear description of the land, and its location; 23
128 Section 252 (Certificate of application etc.), section 253 (Reissue of certificate
of application)
129 See sections 658 (Parties to consultation and negotiation) and 659 (Requirement
for consultation and for negotiation in good faith)
130 See section 668 (Objections)
131 See section 659 (Requirement for consultation and negotiation in good faith)
s 54 190 s 54
Native Title (Queensland) State Provisions
Amendment
(e) a description of the nature of the proposed mining lease; 1
(f) whether an election has been made to apply this division to an 2
alternative provision area; 3
(g) that the proposed mining lease, if granted, will be granted by the 4
Governor in Council; 5
(h) how further information about the proposed mining lease, and 6
about the matters mentioned in paragraph (c), can be obtained 7
from the applicant and from the mining registrar. 8
`(2) The "notification day (native title issues)" must be a day that may 9
reasonably be assumed to be a day by which-- 10
(a) the written notice will have been received by each person to 11
whom it is to be given, and 12
(b) the public notice will have come to the attention of each person to 13
whom the public notice is directed. 14
`(3) The "closing day (native title issues)" must be a day at least 3 15
months after the notification day (native title issues). 16
of mining registrar 17
`Notification
`654.(1) Within 2 days after the applicant has complied, or purportedly 18
complied, with the requirements of sections 652 and 653, the applicant must 19
give the mining registrar information in the approved form about the 20
applicant's compliance with sections 652 and 653. 21
`(2) The following must be attached to the approved form-- 22
(a) a copy of the written notice given under section 652 and 653(1); 23
(b) the page, or a copy of the page, of the newspaper mentioned in 24
section 652(2)(a) that contained the public notice mentioned in 25
section 652(2); 26
(c) the page, or a copy of the page, of the relevant special interest 27
publication mentioned in section 652(2)(b) that contained the 28
public notice mentioned in section 652(2). 29
s 54 191 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) The mining registrar must give the applicant a written direction to 1
give a new written notice, and publish a new public notice, under 2
sections 652 and 653 if the mining registrar is satisfied that 1 or more of the 3
following applies-- 4
(a) the giving of the written notice was not in accordance with the 5
requirements of section 652(1) and (3); 6
(b) the content of the written notice was not in accordance with the 7
requirements of section 653; 8
(c) the publication of the public notice was not in accordance with the 9
requirements of section 652(2) and (3). 10
`(4) The written direction must nominate a period within which the 11
direction must be complied with. 12
`(5) The new written notice, when given, and the new public notice, when 13
published, must-- 14
(a) state that it is a replacement notice; and 15
(b) identify the previous notice. 16
native title parties 17
`Registered
`655.(1) An entity is a "registered native title party" depending on 18
when the issue has to be considered. 19
`(2) On the closing day (native title issues), and at any time before it, each 20
of the following entities is a "registered native title party"-- 21
(a) a registered native title body corporate in relation to the land; 22
(b) a registered native title claimant in relation to the land. 23
`(3) At any time in the 1 month immediately following the closing day 24
(native title issues), each of the following entities is a "registered native title 25
party"-- 26
(a) a registered native title body corporate in relation to the land, if the 27
body corporate was a registered native title body corporate in 28
relation to the land on or before the closing day (native title 29
issues); 30
s 54 192 s 54
Native Title (Queensland) State Provisions
Amendment
(b) a registered native title body corporate in relation to the land, if the 1
body corporate became a registered native title body corporate in 2
relation to the land-- 3
(i) after the closing day (native title issues); and 4
(ii) as a result of a native title determination application 5
containing a claim that was entered on the register of native 6
title claims as at the closing day (native title issues); 7
(c) an entity that filed a native title determination application in the 8
Federal Court in relation to the land on or before the closing day 9
(native title issues). 10
`(4) At any time after the 1 month immediately following the closing day 11
(native title issues), each of the following entities is a "registered native title 12
party"-- 13
(a) a registered native title body corporate in relation to the land, if the 14
body corporate was a registered native title body corporate in 15
relation to the land on or before the closing day (native title 16
issues); 17
(b) a registered native title body corporate in relation to the land, if the 18
body corporate became a registered native title body corporate in 19
relation to the land as a result of a native title determination 20
application containing a claim that was entered on the register of 21
native title claims as at the closing day (native title issues); 22
(c) an entity that is a registered native title claimant in relation to the 23
land, if the entity-- 24
(i) filed a native title determination application in the Federal 25
Court on or before the closing day (native title issues); and 26
(ii) was a registered native title claimant in relation to the land as 27
at 1 month after the closing day (native title issues). 28
`(5) If a person (the "first person") becomes a registered native title 29
claimant because the first person replaces another person as the applicant in 30
relation to a claimant application, and the other person is a registered native 31
title party, the first person also replaces the other person as the registered 32
native title party. 33
s 54 193 s 54
Native Title (Queensland) State Provisions
Amendment
to mining registrar 1
`Advice
`656.(1) As soon as practicable after the closing day (native title issues) 2
for the proposed mining lease, the applicant must give the mining registrar a 3
list, in the approved form, of the names and addresses of-- 4
(a) all registered native title parties as at the closing day (native title 5
issues); and 6
(b) all entities that may become registered native title parties. 7
`(2) As soon as practicable after the end of 1 month after the closing day 8
(native title issues) for the proposed mining lease, the applicant must give 9
the mining registrar a list in the approved form of the names and addresses 10
of all entities that have become registered native title parties in the month. 11
`(3) Subsection (2) does not apply if at the closing day (native title 12
issues), there were no entities that might have become registered native title 13
parties. 14
of additional requirements 15
`Ending
`657. The additional requirements provided for under this division stop 16
applying for the proposed mining lease if, after 1 month after the closing 17
day (native title issues)-- 18
(a) there are no registered native title parties; or 19
(b) all registered native title parties certify in the approved form 20
lodged with the mining registrar that they do not object to the 21
grant of the proposed mining lease and do not wish to be 22
consulted about it. 23
3--Consultation and negotiation 24
`Subdivision
to consultation and negotiation 25
`Parties
`658.(1) The parties to the consultation and negotiation required under 26
this subdivision about the granting of the proposed mining lease are the 27
following (the "consultation and negotiation parties" for the proposed 28
mining lease)-- 29
s 54 194 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the applicant; 1
(b) the registered native title parties; 2
(c) the State. 3
`(2) However, the State stops being a consultation and negotiation party 4
for the proposed mining lease if the State and all the other consultation and 5
negotiation parties for the proposed mining lease at any time agree, in the 6
approved form lodged with the mining registrar, that the State is not to be a 7
consultation and negotiation party. 8
`(3) Also, if all the consultation and negotiation parties at any time agree, 9
in the approved form lodged with the mining registrar, that the State is to 10
take a particular role in the consultation and negotiation, stated in the lodged 11
approved form, the State may adopt the stated role, even though it is no 12
longer a consultation and negotiation party. 13
`(4) A registered native title party is taken to stop being a consultation and 14
negotiation party if the party lodges an approved form under section 657(b). 15
for consultation and negotiation in good faith 16
`Requirement
`659.(1) The consultation and negotiation parties for the proposed mining 17
lease must consult and negotiate in good faith with a view to obtaining the 18
agreement of each of the registered native title parties (a "negotiated 19
agreement") to-- 20
(a) the granting of the proposed mining lease; and 21
(b) any conditions to be complied with by the consultation and 22
negotiation parties if the proposed mining lease is granted. 23
`(2) Also, as part of the consultation and negotiation-- 24
(a) the applicant-- 25
(i) must consult the registered native title parties about ways of 26
minimising the impact of the grant of the proposed mining 27
lease on their registered native title rights and interests in 28
relation to the land, including about-- 29
(A) any access to the land; and 30
s 54 195 s 54
Native Title (Queensland) State Provisions
Amendment
(B) the way in which anything authorised by the proposed 1
mining lease might be done; and 2
(ii) for the consultation, must have regard to the guidelines set 3
out in this subdivision for applicant consultation; and 4
(b) the registered native title parties-- 5
(i) must consult the other consultation and negotiation parties 6
about the effect of the proposed mining lease on their 7
registered native title rights and interests; and 8
(ii) for the consultation, must have regard to the guidelines set 9
out in this subdivision for registered native title party 10
consultation. 11
of negotiation in good faith 12
`Content
`660.(1) Subsections (3) to (5) apply for the requirement under this 13
subdivision to negotiate in good faith. 14
`(2) However, subject to those subsections, this subdivision does not 15
limit the requirements that apply for negotiation in good faith. 16
`(3) A consultation and negotiation party must make every reasonable 17
effort to reach agreement. 18
`(4) To negotiate in good faith, a consultation and negotiation party is not 19
required to negotiate about issues unrelated or unconnected to the proposed 20
mining lease. 21
`(5) A consultation and negotiation party is not required to negotiate 22
about matters unrelated to the impact of the grant of the proposed mining 23
lease on the registered native title rights and interests of registered native title 24
parties. 25
to negotiate 26
`Failure
`661. The failure of 1 consultation and negotiation party to negotiate in 27
good faith can not be used to establish that another consultation and 28
negotiation party has not negotiated in good faith. 29
s 54 196 s 54
Native Title (Queensland) State Provisions
Amendment
for mediation 1
`Request
`662.(1) At any time before a negotiated agreement is reached or the 2
proposed mining lease is referred to the tribunal, by action taken under 3
section 669, for a native title issues decision, a consultation and negotiation 4
party may ask for mediation to help in resolving issues relevant to the 5
consultation and negotiation. 6
`(2) If a consultation and negotiation party asks for mediation under 7
subsection (1), mediation-- 8
(a) must be conducted by-- 9
(i) a mediator chosen by the consultation and negotiation 10
parties; or 11
(ii) if the consultation and negotiation parties are not able to 12
agree on a mediator and the party asks the tribunal to provide 13
the mediation--the tribunal, or a mediator chosen by the 14
tribunal; and 15
(b) does not extend the period that must elapse before the proposed 16
mining lease may be referred to the tribunal, by action taken under 17
section 669, for a native title issues decision; and 18
(c) may continue after the period mentioned in paragraph (b) has 19
elapsed if the consultation and negotiation parties agree; and 20
(d) may end at any time-- 21
(i) by decision of the mediator; or 22
(ii) by agreement of the consultation and negotiation parties. 23
for consultation and negotiation--applicant consultation 24
`Process
`663.(1) This section states guidelines for applicant consultation under 25
this subdivision. 26
`(2) Within 4 months after the notification day (native title issues), the 27
applicant should-- 28
s 54 197 s 54
Native Title (Queensland) State Provisions
Amendment
(a) give each registered native title party a true copy of the application 1
for the proposed mining lease (but not the statement detailing the 2
applicant's financial and technical resources) and the endorsed 3
certificate of application; and 4
(b) convene at least 1 meeting ("consultation meeting") to provide a 5
reasonable opportunity for all registered native title parties to be 6
given a presentation about the proposed mining lease. 7
`(3) A consultation meeting may be-- 8
(a) in the town or city where the mining registrar is located; or 9
(b) in a town or city in which there is an office of the representative 10
Aboriginal/Torres Strait Islander body for the area that includes 11
the land; or 12
(c) at another place agreed between the consultation and negotiation 13
parties. 14
`(4) A consultation meeting should be convened at a time and place 15
suitable for maximising attendance. 16
`(5) If the applicant has convened a consultation meeting under 17
subsection (2)(b), the meeting is taken to have happened even though not 18
all, or none, of the registered native title parties attended the meeting. 19
`(6) The presentation mentioned in subsection (2)(b) should be directed at 20
providing registered native title parties with an understanding of the 21
anticipated nature, extent and impact of the project authorised by the grant of 22
the proposed mining lease. 23
for consultation and negotiation--registered native title 24
`Process
parties consultation 25
`664.(1) This section states the guidelines for registered native title party 26
consultation under this subdivision. 27
`(2) The consultation should be carried out as soon as practicable after the 28
applicant consultation has been completed. 29
s 54 198 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) Each registered native title party should advise the other consultation 1
and negotiation parties about the impact the party considers the grant of the 2
proposed mining lease will have on the party's registered native title rights 3
and interests. 4
for consultation and negotiation--taking account of existing 5
`Process
rights, interests and use 6
`665. Without limiting the scope of consultation and negotiation under 7
this subdivision, the nature and extent of the following may be taken into 8
account-- 9
(a) existing non-native title rights and interests in relation to the land; 10
(b) existing use of the land by persons other than registered native 11
title parties; 12
(c) the practical effect of the exercise of any existing non-native title 13
rights and interests mentioned in paragraph (a), and of the existing 14
use mentioned in paragraph (b), on the exercise of native title 15
rights and interests in relation to the land. 16
for consultation and negotiation--negotiated agreement with 17
`Process
or without conditions attached 18
`666.(1) This section applies if a negotiated agreement is reached, 19
whether or not the negotiated agreement includes conditions to be complied 20
with by the consultation and negotiation parties for the proposed mining 21
lease if the proposed mining lease is granted. 22
`(2) The consultation and negotiation parties must-- 23
(a) lodge a certificate in the approved form with the mining registrar 24
stating that a negotiated agreement has been reached for the 25
proposed mining lease; and 26
(b) give a copy of the certificate to the tribunal. 27
`(3) When the approved form has been lodged under subsection (2), the 28
additional requirements provided for under this division, other than 29
section 667, stop applying to the proposed mining lease. 30
s 54 199 s 54
Native Title (Queensland) State Provisions
Amendment
for consultation and negotiation--negotiated agreement with 1
`Process
conditions attached 2
`667.(1) This section applies if a negotiated agreement is reached, and the 3
negotiated agreement includes conditions to be complied with by the 4
consultation and negotiation parties for the proposed mining lease if the 5
proposed mining lease is granted. 6
`(2) The negotiated agreement has effect, if the proposed mining lease is 7
granted, as if-- 8
(a) the conditions included in the agreement were the terms of a 9
contract; and 10
(b) all the consultation and negotiation parties were parties to the 11
contract; and 12
(c) if a registered native title party is a registered native title 13
claimant--any individual included in the native title claim group 14
concerned were a party to the contract. 15
`(3) Subsection (2) has effect in addition to any other effect that the 16
negotiated agreement may have apart from under subsection (2). 17
18
`Objections
`668.(1) At any time before a negotiated agreement is reached or the 19
proposed mining lease is referred to the tribunal, by action taken under 20
section 669, for a native title issues decision, a registered native title party 21
may lodge an objection to the proposed mining lease. 22
`(2) The objection-- 23
(a) must be made in writing in the approved form; and 24
(b) must be lodged with the mining registrar; and 25
(c) must state the facts and circumstances relied on by the registered 26
native title party in support of the ground of objection. 27
`(3) Anything about the amount or payment of compensation is not a 28
ground for objection. 29
s 54 200 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) The registered native title party must also give a copy of the 1
objection, and all material accompanying the objection, to the other 2
consultation and negotiation parties and the tribunal as soon as practicable 3
after the objection is lodged with the mining registrar. 4
`(5) At any time before a negotiated agreement is reached or the proposed 5
mining lease is referred to the tribunal, by action taken under section 669, 6
for a native title issues decision, the registered native title party may 7
withdraw the objection by lodging with the mining registrar a written notice 8
withdrawing the objection. 9
`(6) The registered native title party must also give a copy of the written 10
notice withdrawing the objection to the other consultation and negotiation 11
parties and the tribunal as soon as practicable after the withdrawal of the 12
objection is lodged with the mining registrar. 13
`(7) The registered native title party must withdraw the objection under 14
this section if at any time a negotiated agreement is reached. 15
`(8) The registered native title party may object about the effect of the 16
grant of the proposed mining lease on its registered native title rights and 17
interests under this section only, and may not object under section 260132 18
about the effect of the grant of the proposed mining lease on its registered 19
native title rights and interests. 20
`(9) If at any time a person who has lodged an objection under this 21
section stops being a registered native title party, the objection is taken to 22
have been withdrawn. 23
`(10) However, an objection continues to have effect as an objection if the 24
person who lodged the objection stops being a registered native title party 25
because-- 26
(a) the person is replaced by another person (the "replacing 27
person") under section 66B133 of the Commonwealth Native 28
Title Act; or 29
132 Section 260 (Objection to application for grant of mining lease)
133 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act
s 54 201 s 54
Native Title (Queensland) State Provisions
Amendment
(b) an approved determination of native title that native title exists is 1
made, and immediately before the determination is made, the 2
person is a registered native title claimant. 3
`(11) If an objection continues to have effect as an objection because of 4
subsection (10)(a), the objection it taken to have been lodged by the 5
replacing person. 6
`(12) If an objection continues to have effect as an objection because of 7
subsection (10)(b), the objection it taken to have been lodged by the relevant 8
registered native title body corporate. 9
`(13) An objection lodged under this section, if it is not withdrawn, must 10
be given to the tribunal and must be heard by the tribunal in a combined 11
hearing under subdivision 4. 12
`(14) However, the tribunal must not hear an objection if the objection 13
has not been made in substantial compliance with this section. 14
`Subdivision 4--Referral and native title issues decision 15
of proposed mining lease to tribunal 16
`Referral
`669.(1) If the pre-referral period has ended, but a negotiated agreement 17
has not been reached, a consultation and negotiation party for the proposed 18
mining lease may refer the proposed mining lease to the tribunal for a 19
decision under this division (a "native title issues decision"). 20
`(2) The referral must be-- 21
(a) lodged with the mining registrar; and 22
(b) made in the approved form. 23
`(3) A copy of the approved form lodged with the mining registrar must 24
also be given to the other consultation and negotiation parties for the 25
proposed mining lease. 26
`(4) If there has been no referral within 3 months after the end of the pre- 27
referral period, the Minister may reject the application for the proposed 28
mining lease. 29
s 54 202 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) If the pre-referral period has ended, and a registered native title party 1
who lodged an objection under section 668 has not withdrawn the objection, 2
the proposed mining lease is taken to have been referred to the tribunal 3
under subsection (1). 4
`(6) In this section-- 5
"pre-referral period" means-- 6
(a) if an environmental impact statement is not required to be 7
completed under part 7 for the proposed mining lease-- 8
(i) the period of 6 months starting on the notification day (native 9
title issues); or 10
(ii) if the registered native title parties and the applicant agree on 11
a time, which must be later than the time that would 12
otherwise apply under subparagraph (i), and advise the 13
mining registrar in writing of the agreed later time--the 14
period ending at the agreed later time; or 15
(b) otherwise--the period which, out of the following periods, ends 16
latest-- 17
(i) the period of 3 months starting on the day the mining 18
registrar displays the notice about the environmental impact 19
statement at the mining registrar's office under 20
section 264(3);134 21
(ii) if the registered native title parties for the non-exclusive land 22
and the applicant agree on a time, which must be later than 23
the time that would otherwise apply under paragraph (a), and 24
advise the mining registrar in writing of the agreed later 25
time--the period ending at the agreed later time; 26
(iii) the period of 6 months starting on the notification day (native 27
title issues). 28
134 Section 264 (What happens after environmental impact statement is prepared?)
s 54 203 s 54
Native Title (Queensland) State Provisions
Amendment
negotiation and mediation 1
`Continuing
`670.(1) After the referral of the proposed mining lease to the tribunal, 2
the consultation and negotiation parties for the proposed mining lease may 3
continue to negotiate to reach a negotiated agreement before the native title 4
issues decision is made. 5
`(2) If a negotiated agreement is reached, all referrals of the proposed 6
mining lease to the tribunal are taken to be withdrawn, and the tribunal must 7
not make a native title issues decision. 8
hearing 9
`Combined
`671.(1) The hearing under part 7 of the application for the grant of the 10
proposed mining lease must include the following-- 11
(a) the hearing of the objections and other matters mentioned in 12
section 268(1);135 13
(b) the hearing for a native title issues decision, including the hearing 14
of any objections lodged under section 668. 15
`(2) The hearing mentioned in subsection (1) is a "combined hearing". 16
`(3) The tribunal must not act under section 270136 to dispense with a 17
hearing, unless a negotiated agreement has been reached. 18
`(4) All consultation and negotiation parties have the right to be heard at 19
the combined hearing. 20
of date for combined hearing 21
`Fixing
`672.(1) This section applies if the mining registrar is required to fix 22
under section 265137 a hearing date for the combined hearing, but there has 23
not yet been a referral (other than a referral that has been withdrawn) of the 24
mining lease for a native title issues decision. 25
135 Section 268 (Hearing of application for grant of mining lease)
136 Section 270 (Procedure where no objections lodged)
137 Section 265 (Mining registrar to fix hearing date)
s 54 204 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) The mining registrar may, if the applicant agrees, fix a hearing date 1
for the application for the proposed mining lease, and any objections to the 2
application, under section 265 as if the hearing were not a combined 3
hearing. 4
`(3) At the hearing, the tribunal may-- 5
(a) proceed with the hearing of the application for the proposed 6
mining lease, and any objections to the application, as if the 7
hearing were not a combined hearing; and 8
(b) at an appropriate time adjourn the hearing; and 9
`(4) However, as soon as practicable after a negotiated agreement is 10
reached or the proposed mining lease is referred to the tribunal for a native 11
title issues decision, the tribunal must reconvene the combined hearing. 12
`(5) The mining registrar may defer fixing a date for the combined 13
hearing until the proposed mining lease is referred to the tribunal for a native 14
title issues decision. 15
`(6) If the proposed mining lease has been referred to the tribunal for a 16
native title issues decision, but the mining registrar is not yet required under 17
section 265 to fix a hearing date for the combined hearing, the mining 18
registrar must fix a date for the combined hearing when the mining registrar 19
is able to fix a date under section 265. 20
5--Requirements for combined hearing 21
`Subdivision
about conduct of combined hearing 22
`Directions
`673. At any time after the referral of the proposed mining lease for a 23
native title issues decision, the tribunal may give directions to the 24
consultation and negotiation parties, including directions about the filing and 25
serving of the following-- 26
(a) a statement by the applicant that includes a copy of the material 27
provided to the registered native title parties under subdivision 3; 28
s 54 205 s 54
Native Title (Queensland) State Provisions
Amendment
(b) a statement of impact by each registered native title party, setting 1
out the effect the party considers the grant of the proposed mining 2
lease will have on the party's registered native title rights and 3
interests; 4
(c) submissions by any of the consultation and negotiation parties on 5
the matters the tribunal will be required to take into account for 6
making its native title issues decision. 7
of negotiation in good faith 8
`Issue
`674.(1) If a consultation and negotiation party raises the issue of whether 9
another consultation and negotiation party has complied with subdivision 3, 10
including with the requirement for negotiation in good faith, the issue must 11
be dealt with as a part of the combined hearing for the application for the 12
grant of the proposed mining lease. 13
`(2) If at the combined hearing the tribunal is not satisfied that the 14
applicant or the State has complied with subdivision 3, including with the 15
requirement for negotiation in good faith, it may adjourn the combined 16
hearing to allow for the subdivision to be complied with by all the 17
consultation and negotiation parties. 18
`(3) An adjournment under subsection (2) may only be for a maximum 19
period of 3 months. 20
`(4) If the tribunal is satisfied that a registered native title party did not 21
comply with subdivision 3, including with the requirement for negotiation 22
in good faith, the tribunal may not adjourn the combined hearing on that 23
ground alone. 24
`(5) However, the tribunal may take the failure of a consultation and 25
negotiation party to comply with subdivision 3 into account in making its 26
native title issues decision. 27
`(6) A consultation and negotiation party can not raise the issue of the 28
State's compliance with subdivision 3, including the requirement for 29
negotiation in good faith, on the ground that the State stopped being a 30
consultation and negotiation party under section 658(2) or took a particular 31
role under section 658(3). 32
s 54 206 s 54
Native Title (Queensland) State Provisions
Amendment
of native title issues decision 1
`Nature
`675.(1) The native title issues decision must be 1 of the following-- 2
(a) that the proposed mining lease may be granted; 3
(b) that the proposed mining lease may be granted, but subject to 4
either or both of the following-- 5
(i) that conditions, described or identified in the native title 6
issues decision, are to be included in the mining lease; 7
(ii) that conditions ("contract conditions"), described or 8
identified in the native title issues decision, are required to be 9
complied with by 1 or more of the consultation and 10
negotiation parties (even though the conditions are not 11
included in the mining lease); 12
(c) that the proposed mining lease should not be granted. 13
`(2) If, at the end of the combined hearing, the consultation and 14
negotiation parties have not reached an agreement about compensation, the 15
tribunal, whether or not an application has been made to the tribunal about 16
compensation, must also make any compensation decision or compensation 17
trust decision that is required to be made under part 18 before the mining 18
lease is granted. 19
`(3) The tribunal must not include a condition, whether or not a contract 20
condition, that has the effect that a registered native title party is entitled to 21
payments from the applicant worked out by reference to 1 or more of the 22
following-- 23
(a) the amount of profits to be made under the proposed mining 24
lease; 25
(b) the amount of any income to be derived under the proposed 26
mining lease; 27
(c) anything to be produced under the proposed mining lease. 28
s 54 207 s 54
Native Title (Queensland) State Provisions
Amendment
of tribunal's recommendation and native title issues decision 1
`Timing
`676. The tribunal must advise the Minister of its native title issues 2
decision when the tribunal forwards its recommendation to the Minister 3
under section 269(1).138 4
native title issues decision 5
`Tribunal's
`677.(1) In making its native title issues decision, the tribunal must take 6
into account the following-- 7
(a) the effect of the grant of the proposed mining lease on-- 8
(i) the enjoyment by the registered native title parties of their 9
registered native title rights and interests; and 10
(ii) the way of life, culture and traditions of any of the registered 11
native title parties; and 12
(iii) the development of social, cultural and economic structures 13
of any of the registered native title parties; and 14
(iv) the freedom of access by any of the registered native title 15
parties to the land; and 16
(v) the freedom of any of the registered native title parties to 17
carry out rites, ceremonies or other activities of cultural 18
significance on the land in accordance with their traditions; 19
and 20
(vi) any area or site on the land of particular significance to the 21
registered native title parties in accordance with their 22
traditions; 23
(b) the interests, proposals, opinions or wishes of the registered 24
native title parties in relation to the management, use or control of 25
land in relation to which there are registered native title rights and 26
interests of the registered native title parties that will be affected by 27
the grant of the proposed mining lease; 28
138 Section 269 (Tribunal's recommendation on hearing)
s 54 208 s 54
Native Title (Queensland) State Provisions
Amendment
(c) the economic or other significance of the grant of the proposed 1
mining lease to Australia, Queensland, the area in which the land 2
is located and Aboriginal peoples and Torres Strait Islanders who 3
live in the area; 4
(d) any public interest in the granting of the proposed mining lease; 5
(e) any other matter the tribunal considers relevant. 6
`(2) In deciding the effect of the grant of the proposed mining on the 7
matters mentioned in subsection (1)(a), the tribunal must also take into 8
account the nature and extent of-- 9
(a) existing non-native title rights and interests in relation to the land; 10
and 11
(b) existing use of the land or waters by persons other than registered 12
native title parties. 13
`(3) In complying with subsections (1) and (2) the tribunal must take into 14
account all objections lodged under this division to the granting of the 15
proposed mining lease, and any other documents lodged or filed under this 16
division. 17
`(4) Taking into account the effect of the grant of the proposed mining 18
lease on an area or site mentioned in subsection (1)(a)(v) does not affect the 19
operation of any law of the State for the preservation or protection of those 20
areas or sites. 21
`(5) Before making the native title issues decision-- 22
(a) the tribunal must establish whether there are any issues relevant to 23
its decision on which the consultation and negotiation parties are 24
currently in agreement; and 25
(b) if there are agreed issues under paragraph (a), and all the 26
consultation and negotiation parties consent--the tribunal, in 27
making its native title issues decision-- 28
(i) must take the agreed issues into account; and 29
(ii) need not take into account the matters mentioned in 30
subsection (1)(a) to (e) to the extent the matters are the 31
subject of the agreed issues. 32
s 54 209 s 54
Native Title (Queensland) State Provisions
Amendment
matters 1
`Deferred
`678.(1) As well as making the native title issues decision, the tribunal 2
may make a decision about matters (the "deferred matters") that-- 3
(a) were the subject of negotiation between the consultation and 4
negotiation parties; and 5
(b) under an agreement that includes all the consultation and 6
negotiation parties, are to be the subject of further negotiation, or 7
are to be decided in a way stated in the decision under this section; 8
and 9
(c) are not reasonably capable of being decided when the native title 10
issues decision is made; and 11
(d) are not directly relevant to the native title issues decision. 12
`(2) The tribunal must give a copy of its decision under this section to-- 13
(a) the consultation and negotiation parties; and 14
(b) if the State is not a consultation and negotiation party--the mining 15
registrar. 16
`(3) The tribunal's decision under this section about the deferred matters 17
is binding on all the consultation and negotiation parties. 18
`(4) If the decision under this section is that the deferred matters are to be 19
decided by arbitration, and, after the decision is made, the consultation and 20
negotiation parties can not agree on the way the arbitration is to take place, 21
the tribunal, on the application of a consultation and negotiation party, has 22
jurisdiction to decide the deferred matters. 23
time requirement for making native title issues decision 24
`General
`679.(1) The tribunal must take all reasonable steps to make sure that the 25
native title issues decision is made within 6 months after the proposed 26
mining lease is referred to the tribunal for the decision. 27
`(2) If the native title issues decision is not made within the 6 months, the 28
tribunal must, as soon as practicable after the 6 months ends, give a written 29
notice to the Minister-- 30
s 54 210 s 54
Native Title (Queensland) State Provisions
Amendment
(a) advising why the native title issues decision has not yet been 1
made; and 2
(b) giving an estimate of when the decision is likely to be made. 3
of native title issues decision 4
`Effect
`680.(1) The native title issues decision must be complied with by the 5
Minister, including in any recommendation of the Minister to the Governor 6
in Council under section 271,139 unless the Minister overrules the native title 7
issues decision under subdivision 7. 8
`(2) If the native title issues decision is that the proposed mining lease 9
should not be granted, the tribunal may nevertheless recommend under 10
section 269140 that the application for the proposed mining lease should be 11
granted. 12
`(3) However if subsection (2) applies, the Minister must not 13
recommend to the Governor in Council under section 271 that the proposed 14
mining lease be granted unless the Minister overrules the native title issues 15
decision under section 681. 16
6--Overruling of native title issues decision 17
`Subdivision
may overrule native title issues decision 18
`Minister
`681.(1) The Minister may overrule the native title issues decision, but 19
only if-- 20
(a) it is in the interests of Queensland or in the national interest to 21
overrule the native title issues decision; and 22
(b) the Minister overrules the decision within 2 months after the 23
native titles issues decision is made. 24
139 Section 271 (Minister to consider recommendation made in respect of
application for grant of mining lease)
140 Section 269 (Tribunal's recommendation on hearing)
s 54 211 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) If the Minister overrules the native title issues decision, the Minister 1
must make a substituted decision. 2
`(3) The substituted decision-- 3
(a) must comply with the requirements of section 675(1) and (3) for 4
a native title issues decision; and 5
(b) when made, takes the place of the native title issues decision. 6
`(4) The substituted decision can not overrule a compensation decision or 7
compensation trust decision, for the granting of the proposed mining lease, 8
already made by the tribunal under part 18. 9
`(5) If the substituted decision is that the proposed mining lease may be 10
granted with or without conditions, the Minister must refer the matter to the 11
tribunal for-- 12
(a) if a compensation decision or compensation trust decision has 13
already been made under part 18 for the granting of the proposed 14
mining lease--a new compensation decision or compensation 15
trust decision; or 16
(b) otherwise--a compensation decision or compensation trust 17
decision under part 18 for the granting of the proposed mining 18
lease. 19
`(6) The Minister must give a copy of the substituted decision to the 20
tribunal and the consultation and negotiation parties. 21
of overruling 22
`Effect
`682.(1) This section applies if the Minister makes a substituted decision 23
under section 681. 24
s 54 212 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) If the substituted decision is that the proposed mining lease may be 1
granted, but subject to conditions to be included in the mining lease, any 2
recommendation of the Minister to the Governor in Council under 3
section 271 141 that the proposed mining lease be granted, must include a 4
recommendation that the proposed mining lease be granted subject to the 5
conditions. 6
`(3) If the substituted decision is that the proposed mining lease should 7
not be granted, the Minister must not recommend to the Governor in 8
Council under section 271 that the proposed mining lease be granted. 9
`Subdivision 7--Special provisions about completion of combined 10
hearing and making of native titles issues decision 11
of urgency notice 12
`Giving
`683.(1) This section applies if the tribunal's native titles issues decision 13
has not been made, and a negotiated agreement has not been reached, 14
4 months after the proposed mining lease was referred to the tribunal for a 15
native title issues decision, other than under a referral that was later 16
withdrawn. 17
`(2) The Minister may give the tribunal a written notice (an "urgency 18
notice") asking the tribunal to complete its combined hearing and make its 19
native title issues decision within the period stated in the written notice. 20
`(3) The period stated under subsection (2) must be a period ending after 21
the end of the period of 6 months after the proposed mining lease was 22
referred to the tribunal for a native title issues decision. 23
decision if tribunal recommendation delayed 24
`Minister's
`684.(1) This section applies if-- 25
(a) the Minister has given the tribunal an urgency notice under 26
section 683 in relation to the proposed mining lease; and 27
141 Section 271 (Minister to consider recommendation made in respect of
application for grant of mining lease)
s 54 213 s 54
Native Title (Queensland) State Provisions
Amendment
(b) the period stated in the urgency notice for the tribunal to complete 1
its combined hearing and make its native title issues decision has 2
ended; and 3
(c) the tribunal has not made its native title issues decision; and 4
(d) the consultation required under this subdivision (including under 5
this section) for the making of a decision by the Minister has 6
happened. 7
`(2) The Minister may make a decision (the "Minister's decision") 8
under this section about the native title issues decision. 9
`(3) The Minister may make a decision under this section that has the 10
effect of a native title issues decision that the proposed mining lease may be 11
granted, with or without conditions and whether or not contract conditions, 12
only if the Minister has first consulted with the Commonwealth Minister 13
about the making of the decision. 14
`(4) The Minister may make a decision under this section only if-- 15
(a) the making of the native title issues decision is unlikely to happen 16
within a period that is reasonable, taking into account all the 17
circumstances; and 18
(b) it is in the interests of Queensland to make the decision at the time 19
it is made. 20
`(5) Subsection (4)(a) and (b) does not stop the Minister from taking into 21
account other matters in deciding whether to make a decision under this 22
section. 23
before Minister's decision 24
`Consultation
`685.(1) Before making the Minister's decision, the Minister must give a 25
written notice under subsections (2) and (3). 26
`(2) The Minister must give written notice to the tribunal requiring it, by 27
the end of the day stated in the notice, to give the Minister and each 28
consultation and negotiation party a summary of the material presented to 29
the tribunal in the course of the tribunal considering what the native title 30
issues decision should be. 31
s 54 214 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) The Minister must give a written notice to each consultation and 1
negotiation party stating the following-- 2
(a) that the Minister is considering making the decision; 3
(b) that each consultation and negotiation party-- 4
(i) may, by the end of the day stated in the written notice, give 5
the Minister any submission or other material that the 6
consultation and negotiation party wants the Minister to take 7
into account in deciding whether to make the decision and, if 8
so, its terms; and 9
(ii) if the consultation and negotiation party gives the Minister a 10
submission or other material, must also give each of the 11
other consultation and negotiation parties a copy of the 12
submission or other material; and 13
(iii) may, within 7 days after the day stated in the written notice, 14
in response to any submission or other material given by any 15
other consultation and negotiation party or the tribunal, give 16
the Minister any further submission or other material that the 17
consultation and negotiation party wants the Minister to take 18
into account. 19
`(4) The day stated in the written notices given under subsections (2) and 20
(3) must be-- 21
(a) the same day in all of the written notices given under the 22
subsections; and 23
(b) a day by which, in the Minister's opinion, it is reasonable to 24
assume that all of the written notices given will have been 25
received by, or will otherwise have come to the attention of, the 26
persons who must be notified under this section. 27
`(5) If the Minister complies with subsection (1), there is no requirement 28
for any person to be given any further hearing before the Minister makes the 29
decision. 30
`(6) In making the decision, the Minister-- 31
(a) must take into account-- 32
s 54 215 s 54
Native Title (Queensland) State Provisions
Amendment
(i) any submission or material provided by a consultation and 1
negotiation party under subsection (3), but only if the 2
consultation and negotiation party has complied with the 3
Minister's written notice in the way mentioned in 4
subsection (3)(b)(ii); and 5
(ii) any report provided by the tribunal; and 6
(iii) the Minister's consultation with the Commonwealth 7
Minister under this subdivision; and 8
(iv) any issues about which the consultation and negotiation 9
parties have agreed in writing and advised to the Minister; 10
and 11
(b) may, but need not, take into account any other matter or thing. 12
`(7) The fact that no submission or other material of the kind mentioned 13
in subsection (3) has been given to the Minister before the end of the day 14
stated in the written notices does not stop the Minister from making the 15
decision. 16
decisions generally 17
`Minister's
`686.(1) The Minister's decision has effect as a native title issues 18
decision. 19
`(2) The Minister's decision must, as for a native title issues decision for 20
section 675, be 1 of the following-- 21
(a) that the proposed mining lease may be granted; 22
(b) that the proposed mining lease may be granted, but subject to 23
either or both of the following-- 24
(i) that conditions, described or identified in the Minister's 25
decision, are to be included in the mining lease; 26
(ii) contract conditions; 27
(c) that the proposed mining lease should not be granted. 28
`(3) If the Minister's decision is a decision mentioned in 29
subsection (2)(a) or (b), the Minister must refer the matter to the tribunal for 30
a compensation decision or compensation trust decision under part 18. 31
s 54 216 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) The Minister does not have a duty to make a Minister's decision, 1
despite the following-- 2
(a) the giving of any notice by the Minister; 3
(b) the giving of any submission or other material to the Minister; 4
(c) any request by a consultation and negotiation party for the 5
Minister to make the decision; 6
(d) any other circumstance. 7
`(5) The Minister's decision must be made by the Minister personally. 8
`(6) The Minister must table in the Legislative Assembly a report 9
containing the Minister's decision, and the reasons for the decision, within 10
15 sitting days after making the decision. 11
8--Miscellaneous matters about grant 12
`Subdivision
conditions 13
`Contract
`687.(1) If the Governor in Council grants the proposed mining lease, a 14
contract condition has effect, in addition to any effect that it may have other 15
than under this subsection, as if it were included in the terms of a contract 16
between the consultation and negotiation parties. 17
`(2) If a consultation and negotiation party is a registered native title 18
claimant, any individual included in the native title claim group concerned is 19
a party to the contract. 20
of grant to registered native title parties 21
`Notice
`688.(1) If the Governor in Council grants the proposed mining lease, the 22
holder of the mining lease must, within 28 days after the holder receives 23
notice of the grant, give a written notice complying with subsection (2) to 24
each registered native title party. 25
Maximum penalty--100 penalty units. 26
`(2) The written notice must-- 27
(a) advise the granting of the mining lease; and 28
s 54 217 s 54
Native Title (Queensland) State Provisions
Amendment
(b) state-- 1
(i) any contract conditions; and 2
(ii) the conditions of the mining lease. 3
5--Renewals of mining leases 4
`Division
of div 5 5
`Application
`689.(1) This division applies to the renewal of a mining lease if-- 6
(a) the mining lease is a surface alluvium (gold or tin) mining lease; 7
and 8
(b) the renewal of the mining lease is an act-- 9
(i) that affects native title rights and interests; and 10
(ii) to which the right to negotiate provisions would have 11
otherwise applied; and 12
(iii) that is an approved gold or tin mining act under a 13
determination in force under section 26B(1) of the 14
Commonwealth Native Title Act. 15
`(2) However, this division applies to the renewal of a mining lease 16
mentioned in subsection (1) only to the extent that the land the subject of the 17
mining lease is non-exclusive land, whether or not an alternative provision 18
area. 19
`(3) This division also applies to the renewal of a mining lease if-- 20
(a) the mining lease is other than a surface alluvium (gold or tin) 21
mining lease; and 22
(b) the renewal of the mining lease is an act-- 23
(i) that affects native title rights and interests; and 24
(ii) to which the right to negotiate provisions would have 25
otherwise applied; and 26
s 54 218 s 54
Native Title (Queensland) State Provisions
Amendment
(c) a determination is in force under section 43A(1) of the 1
Commonwealth Native Title Act and this division is included in 2
the alternative provisions the subject of the determination. 3
`(4) However, this division applies to the renewal of a mining lease 4
mentioned in subsection (3) only to the extent that the land the subject of the 5
mining lease is non-exclusive land that is an alternative provision area. 6
`(5) This division also applies to the renewal of a mining lease if-- 7
(a) the mining lease is other than a surface alluvium (gold or tin) 8
mining lease; and 9
(b) the renewal of the mining lease is an act-- 10
(i) that affects native title rights and interests; and 11
(ii) to which the right to negotiate provisions would have 12
otherwise applied; and 13
(c) a determination is in force under section 43(1) of the 14
Commonwealth Native Title Act and this division is included in 15
the alternative provisions the subject of the determination. 16
`(6) However, this division applies to the renewal of a mining lease 17
mentioned in subsection (5) only to the extent that the land the subject of the 18
mining lease is non-exclusive land other than an alternative provision area. 19
`(7) This division applies to the renewal of a mining lease mentioned in 20
subsection (1), (3) or (5) only to the extent that the mining lease relates to a 21
place that is on the landward side of the mean high-water mark of the sea. 22
`(8) The requirements of this division are additional to the requirements 23
of part 7. 24
`(9) In this section-- 25
"renewal", of a mining lease, includes-- 26
(a) the re-grant of the mining lease; and 27
(b) the re-making of the mining lease; and 28
(c) the extension of the term of the mining lease. 29
s 54 219 s 54
Native Title (Queensland) State Provisions
Amendment
for renewal--applying div 2 1
`Requirements
`690.(1) If this division applies to the renewal of a mining lease because 2
of section 689(1), the additional requirements applying under division 2142 3
for the granting of a surface alluvium (gold or tin) mining lease also apply 4
for the renewal. 5
`(2) The requirements apply with necessary changes. 6
div 2 for renewal 7
`Applying
`691.(1) This section-- 8
(a) applies for applying the provisions of division 2; and 9
(b) does not limit section 690. 10
`(2) For applying section 599(2), the following period is substituted for 11
the periods mentioned in section 599(2)(b)(i) and (ii), that is the end of the 12
period of 7 days after lodgement of the application for the renewal. 13
`(3) Section 609(1) and (4) does not apply, but-- 14
(a) the mining registrar must within 14 days after the consultation 15
period ends, fix a day for the tribunal to hear the application for 16
the renewal; and 17
(b) the tribunal must hear the application for the renewal as if the 18
application for renewal were the application for a grant of a 19
mining lease heard under section 268;143 and 20
(c) the tribunal must ask the Minister about the extent to which the 21
Minister is satisfied about the matters stated in section 286(3).144 22
`(4) For applying section 610, the tribunal must also take into account 23
information received from the Minister under subsection (3)(c). 24
142 Division 2 (Surface alluvium (gold or tin) mining leases)
143 Section 268 (Hearing of application for grant of mining lease)
144 Section 286 (Renewal of mining lease)
s 54 220 s 54
Native Title (Queensland) State Provisions
Amendment
for renewal--applying div 3 1
`Requirements
`692.(1) If this division applies to the renewal of a mining lease because 2
of section 689(3), the additional requirements applying under division 3145 3
for the granting of a mining lease other than a surface alluvium (gold or tin) 4
mining lease on an alternative provision area also apply for the renewal. 5
`(2) The requirements apply with necessary changes. 6
div 3 for renewal 7
`Applying
`693.(1) This section-- 8
(a) applies for applying the provisions of division 3; and 9
(b) does not limit section 692. 10
`(2) For applying section 616(3), the following period is substituted for 11
the periods mentioned in section 616(3)(b)(i) and (ii), that is, the end of the 12
period of 28 days after lodgement of the application for the renewal. 13
`(3) Section 623(1) and (3) does not apply, but the consultation and 14
negotiation period for the proposed renewal starts on the day immediately 15
after the closing day (native title issues) for the proposed renewal. 16
`(4) For applying division 3, subdivisions 4 and 5,146 if the proposed 17
renewal is referred to the tribunal for a native title issues decision, there is 18
not a combined hearing, but there is a hearing for a native title issues 19
decision, including the hearing of any objections lodged under 20
section 633.147 21
`(5) Sections 636 and 637 do not apply, but-- 22
(a) the mining registrar must within 14 days after the consultation 23
and negotiation period ends, fix a day for the tribunal to hear the 24
application for the renewal; and 25
145 Division 3 (Other mining leases on alternative provision areas)
146 Division 3 (Other mining leases on alternative provision areas), subdivisions 4
(Referral and native title issues decision) and 5 (Requirements for combined
hearing)
147 Section 633 (Objection during consultation and negotiation period)
s 54 221 s 54
Native Title (Queensland) State Provisions
Amendment
(b) all consultation and negotiation parties have the right to be heard at 1
the hearing; and 2
(c) the tribunal must hear the application for the renewal and make a 3
native title issues decision; and 4
(d) before making its native title issues decision, the tribunal must ask 5
the Minister about the extent to which the Minister is satisfied 6
about the matters stated in section 286(3). 7
`(6) Section 641 does not apply, but the tribunal must advise the Minister 8
of its native title issues decision. 9
`(7) For applying section 642, the tribunal must also take into account 10
information received from the Minister under subsection (5)(d). 11
for renewal--applying div 4 12
`Requirements
`694.(1) If this division applies to the renewal of a mining lease because 13
of section 689(5), the additional requirements applying under division 4 for 14
the granting of a mining lease other than a surface alluvium (gold or tin) 15
mining lease on non-exclusive land other than an alternative provision area 16
also apply for the renewal. 17
`(2) The requirements apply with necessary changes. 18
div 4 for renewal 19
`Applying
`695.(1) This section-- 20
(a) applies for applying the provisions of division 4; and 21
(b) does not limit section 694. 22
`(2) For applying section 652(3), the following period is substituted for 23
the periods mentioned in section 652(3)(b)(i) and (ii), that is, the end of the 24
period of 28 days after lodgement of the application for the renewal. 25
`(3) For applying section 669, the pre-referral period is-- 26
(a) the period of 6 months starting on the notification day (native title 27
issues); or 28
s 54 222 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if the registered native title parties and the applicant agree on a 1
time, which must be later than the time that would otherwise 2
apply under paragraph (a), and advise the mining registrar in 3
writing of the agreed later time--the period ending at the agreed 4
later time. 5
`(4) For applying division 4, subdivisions 4 and 5,148 if the proposed 6
renewal is referred to the tribunal for a native title issues decision, there is 7
not a combined hearing, but there is a hearing for a native title issues 8
decision, including the hearing of any objections lodged under 9
section 668.149 10
`(5) Sections 671 and 672 do not apply, but-- 11
(a) the mining registrar must within 14 days after the pre-referral 12
period ends, fix a day for the tribunal to hear the application for 13
the renewal; and 14
(b) all consultation and negotiation parties have the right to be heard at 15
the hearing; and 16
(c) the tribunal must hear the application for the renewal and make a 17
native title issues decision; and 18
(d) before making its native title issues decision, the tribunal must ask 19
the Minister about the extent to which the Minister is satisfied 20
about the matters stated in section 286(3).150 21
`(6) Section 676 does not apply, but the tribunal must advise the Minister 22
of its native title issues decision. 23
148 Division 4 (Other mining leases not on alternative provision areas), subdivisions
4 (Referral and native title issues decision) and 5 (Requirements for combined
hearing)
149 Section 668 (Objections)
150 Section 286 (Renewal of mining lease)
s 54 223 s 54
Native Title (Queensland) State Provisions
Amendment
`(7) For applying section 677, the tribunal must also take into account 1
information received from the Minister under subsection (4)(d). 2
`(8) Division 4, subdivision 7151 does not apply. 3
`Division 6--Requirements for subsidiary approvals 4
of "approval" in div 6 5
`Meaning
`696. In this division-- 6
"approval" means-- 7
(a) the approval, under section 237,152 to conduct drilling and other 8
activities on land not included in the surface area covered under a 9
mining lease; or 10
(b) the grant, on an application under section 275,153 of an additional 11
area of surface of land to be included in a mining lease; or 12
(c) the approval, under section 298,154 for the holder of a mining 13
lease to mine specified minerals, or for the addition of another 14
purpose to a mining lease. 15
of div 6 16
`Application
`697.(1) This division applies to an approval if-- 17
(a) were the mining lease to which the approval relates to be granted 18
again, the granting of the mining lease would be an act affecting 19
native title rights and interests if the mining lease were to provide 20
only for the mining of the specified minerals mentioned in 21
section 696, definition "approval", paragraph (c); and 22
151 Division 4 (Other mining leases not on alternative provision areas), subdivision 7
(Special provisions about completion of combined hearing and making of native
titles issues decision)
152 Section 237 (Drilling and other activities on land not included in surface area)
153 Section 275 (Application for inclusion of surface of land in mining lease)
154 Section 298 (Mining other minerals or use for other purposes)
s 54 224 s 54
Native Title (Queensland) State Provisions
Amendment
(b) the approval is an act to which the right to negotiate provisions 1
would have otherwise applied; and 2
(c) after the approval takes effect, the mining lease will be a surface 3
alluvium (gold or tin) mining lease; and 4
(d) the approval is an approved gold or tin mining act under a 5
determination in force under section 26B(1) of the 6
Commonwealth Native Title Act. 7
`(2) However, this division applies to the approval mentioned in 8
subsection (1) only to the extent that the approval relates to non-exclusive 9
land, whether or not an alternative provision area. 10
`(3) This division also applies to the an approval if-- 11
(a) were the mining lease to which the approval relates to be granted 12
again, the granting of the mining lease would be an act affecting 13
native title rights and interests if the mining lease were to provide 14
only for-- 15
(i) the drilling and other activities mentioned in section 696, 16
definition "approval", paragraph (a); or 17
(ii) the additional area of surface mentioned in section 696, 18
definition "approval", paragraph (b); or 19
(iii) the mining of the specified minerals, or the added purpose, 20
mentioned in section 696, definition "approval", 21
paragraph (c); and 22
(b) the approval is an act to which the right to negotiate provisions 23
would have otherwise applied; and 24
(c) the approval relates to an alternative provision area; and 25
(d) a determination is in force under section 43A(1) of the 26
Commonwealth Native Title Act and this division is included in 27
the alternative provisions the subject of the determination. 28
`(4) However, this division applies to the approval mentioned in 29
subsection (3) only to the extent that the approval relates to an alternative 30
provision area. 31
s 54 225 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) This division also applies to an approval if-- 1
(a) were the mining lease to which the approval relates to be granted 2
again, the granting of the mining lease would be an act affecting 3
native title rights and interests if the mining lease were to provide 4
only for-- 5
(i) the drilling and other activities mentioned in section 696, 6
definition "approval", paragraph (a); or 7
(ii) the additional area of surface mentioned in section 696, 8
definition "approval", paragraph (b); or 9
(iii) the mining of the specified minerals, or the added purpose, 10
mentioned in section 696, definition "approval", 11
paragraph (c); and 12
(b) the approval is an act to which the right to negotiate provisions 13
would have otherwise applied; and 14
(c) the approval relates to non-exclusive land other than an alternative 15
provision area; and 16
(d) a determination is in force under section 43(1) of the 17
Commonwealth Native Title Act and this division is included in 18
the alternative provisions the subject of the determination. 19
`(6) However, this division applies to the approval mentioned in 20
subsection (5) only to the extent that the approval relates to non-exclusive 21
land other than an alternative provision area. 22
`(7) This division applies to an approval mentioned in subsection (1), (3) 23
or (5) only to the extent that the approval relates to a place that is on the 24
landward side of the mean high-water mark of the sea. 25
`(8) The requirements of this division are additional to the requirements 26
of part 7. 27
s 54 226 s 54
Native Title (Queensland) State Provisions
Amendment
for approval (additional area)--applying div 3 1
`Requirements
`698.(1) If this division applies to an approval because of section 697(3), 2
and the approval is the grant of an additional area of surface of land to be 3
included in a mining lease, the additional requirements applying under 4
division 3155 for the granting of a mining lease other than a surface alluvium 5
(gold or tin) mining lease on an alternative provision area also apply for the 6
approval. 7
`(2) The requirements apply with necessary changes. 8
for approval (additional area)--applying div 4 9
`Requirements
`699.(1) If this division applies to an approval because of section 697(5), 10
and the approval is the grant of an additional area of surface of land to be 11
included in a mining lease, the additional requirements applying under 12
division 4156 for the granting of a mining lease other than a surface alluvium 13
(gold or tin) mining lease not on an alternative provision area also apply for 14
the approval. 15
`(2) The requirements apply with necessary changes. 16
for approval (other changes)--applying div 2 17
`Requirements
`700.(1) If this division applies to an approval because of section 697(1), 18
the additional requirements applying under division 2157 for the granting of 19
a surface alluvium (gold or tin) mining lease also apply for the approval. 20
`(2) The requirements apply with necessary changes. 21
div 2 for approval 22
`Applying
`701.(1) This section-- 23
(a) applies for applying the provisions of division 2; and 24
155 Division 3 (Other mining leases on alternative provision areas)
156 Division 4 (Other mining leases not on alternative provision areas)
157 Division 2 (Surface alluvium (gold or tin) mining leases)
s 54 227 s 54
Native Title (Queensland) State Provisions
Amendment
(b) does not limit section 700. 1
`(2) For applying section 599(2), the following period is substituted for 2
the periods mentioned in section 599(2)(b)(i) and (ii), that is the end of the 3
period of 7 days after lodgement of the application for the approval. 4
`(3) Section 609(1) and (4) does not apply, but-- 5
(a) the mining registrar must within 14 days after the consultation 6
period ends, fix a day for the tribunal to hear the application for 7
the approval; and 8
(b) the tribunal must hear the application for the approval as if the 9
application for the approval were the application for a grant of a 10
mining lease heard under section 268.158 11
for approval (other changes)--applying div 3 12
`Requirements
`702.(1) If this division applies to an approval because of section 697(3), 13
and the approval is other than the grant of an additional area of surface land, 14
the additional requirements applying under division 3 for the granting of a 15
mining lease other than a surface alluvium (gold or tin) mining lease on an 16
alternative provision area also apply for the approval. 17
`(2) The requirements apply with necessary changes. 18
div 3 for approval 19
`Applying
`703.(1) This section-- 20
(a) applies for applying the provisions of division 3; and 21
(b) does not limit section 702. 22
`(2) For applying section 616(3), the following period is substituted for 23
the periods mentioned in section 616(3)(b)(i) and (ii), that is, the end of the 24
period of 28 days after lodgement of the application for the approval. 25
`(3) Section 623(1) and (3) does not apply, but the consultation and 26
negotiation period for the proposed approval starts on the day immediately 27
after the closing day (native title issues) for the proposed approval. 28
158 Section 268 (Hearing of application for grant of mining lease)
s 54 228 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) For applying division 3, subdivisions 4 and 5,159 if the proposed 1
approval is referred to the tribunal for a native title issues decision, there is 2
not a combined hearing, but there is a hearing for a native title issues 3
decision, including the hearing of any objections lodged under 4
section 633.160 5
`(5) Sections 636 and 637 do not apply, but-- 6
(a) the mining registrar must within 14 days after the consultation 7
and negotiation period ends, fix a day for the tribunal to hear the 8
application for the renewal; and 9
(b) all consultation and negotiation parties have the right to be heard at 10
the hearing; and 11
(c) the tribunal must hear the application for the renewal and make a 12
native title issues decision. 13
`(6) Section 641 does not apply, but the tribunal must advise the Minister 14
of its native title issues decision. 15
`(7) Section 645 does not apply, but the native title issues decision must 16
be complied with by the Minister unless the Minister overrules the native 17
title issues decision under division 3, subdivision 6. 18
`(8) Sections 647(2) and (3) does not apply. 19
`(9) In sections 648 and 649, a reference to the Governor in Council is a 20
reference to the Minister. 21
159 Division 3 (Other mining leases on alternative provision areas), subdivisions 4
(Referral and native title issues decision) and 5 (Requirements for combined
hearing)
160 Section 633 (Objection during consultation and negotiation period)
s 54 229 s 54
Native Title (Queensland) State Provisions
Amendment
for approval (other changes)--applying div 4 1
`Requirements
`704.(1) If this division applies to an approval because of section 697(5), 2
and the approval is other than the grant of an additional area of surface land, 3
the additional requirements applying under division 4 for the granting of a 4
mining lease other than a surface alluvium (gold or tin) mining lease not on 5
an alternative provision area also apply for the approval. 6
`(2) The requirements apply with necessary changes. 7
div 4 for approval 8
`Applying
`705.(1) This section-- 9
(a) applies for applying the provisions of division 4; and 10
(b) does not limit section 704. 11
`(2) For applying section 652(3), the following period is substituted for 12
the periods mentioned in section 652(3)(b)(i) and (ii), that is, the end of the 13
period of 28 days after lodgement of the application for the approval. 14
`(3) For applying section 669, the pre-referral period is-- 15
(a) the period of 6 months starting on the notification day (native title 16
issues); or 17
(b) if the registered native title parties and the applicant agree on a 18
time, which must be later than the time that would otherwise 19
apply under paragraph (a), and advise the mining registrar in 20
writing of the agreed later time--the period ending at the agreed 21
later time. 22
`(4) For applying division 4, subdivisions 4 and 5,161 if the proposed 23
approval is referred to the tribunal for a native title issues decision, there is 24
not a combined hearing, but there is a hearing for a native title issues 25
decision, including the hearing of any objections lodged under 26
section 668.162 27
161 Division 4 (Other mining leases not on alternative provision areas), subdivisions
4 (Referral and native title issues decision) and 5 (Requirements for combined
hearing)
162 Section 668 (Objections)
s 54 230 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) Sections 671 and 672 do not apply, but-- 1
(a) the mining registrar must within 14 days after the pre-referral 2
period ends, fix a day for the tribunal to hear the application for 3
the approval; and 4
(b) all consultation and negotiation parties have the right to be heard at 5
the hearing; and 6
(c) the tribunal must hear the application for the approval and make a 7
native title issues decision. 8
`(6) Section 676 does not apply, but the tribunal must advise the Minister 9
of its native title issues decision. 10
`(7) Section 680 does not apply, but the native title issues decision must 11
be complied with by the Minister unless the Minister overrules the native 12
title issues decision under division 4, subdivision 6.163 13
`(8) Sections 682(2) and (3) does not apply. 14
`(9) Division 4, subdivision 7164 does not apply. 15
`(10) In sections 687 and 688, a reference to the Governor in Council is a 16
reference to the Minister. 17
163 Division 4 (Other mining leases not on alternative provision areas), subdivision 6
(Overruling of native title issues decision)
164 Division 4 (Other mining leases not on alternative provision areas), subdivision 7
(Special provisions about completion of combined hearing and making of native
titles issues decision)
s 54 231 s 54
Native Title (Queensland) State Provisions
Amendment
ART 18--COMPENSATION PROVISIONS 1
`P
`Division 1--Preliminary 2
for pt 18 3
`Definitions
`706. In this part-- 4
"compensation decision", for a relevant act, means a decision of the 5
tribunal, other than a compensation trust decision, that provides for-- 6
(a) whether compensation is to be paid to a registered native title 7
body corporate in relation to the relevant act; and 8
(b) if compensation is to be paid--the amount of money to be paid. 9
"compensation trust decision", for a relevant act, means a decision of the 10
tribunal about the payment of an amount to be held in trust for any 11
entitlement to compensation for the doing of the relevant act. 12
"relevant act" means the grant, renewal or variation of, or another act 13
concerning, a mining tenement, if the act happens after the 14
commencement of this section, and is an act-- 15
(a) to which-- 16
(i) part 13 applies; or 17
(ii) part 14, 15, 16, or 17, division 2, 3, 4, 5 or 6 applies; or 18
(b) to which part 13 would apply, or part 14, 15, 16, or 17, 19
division 2, 3, 4, 5 or 6 would apply, were it not that-- 20
(i) the act relates to a mining tenement in an approved opal or 21
gem mining area, and is excluded from the application of the 22
right to negotiate provisions under section 26(2)(d) of the 23
Commonwealth Native Title Act; or 24
(ii) the mining tenement relates to a place that is on the seaward 25
side of the mean high-water mark of the sea; or 26
s 54 232 s 54
Native Title (Queensland) State Provisions
Amendment
(iii) the act relates to a mining lease for the sole purpose of the 1
construction of an infrastructure facility associated with 2
mining, and is an act mentioned in section 24MD(6B)(b) of 3
the Commonwealth Native Title Act; or 4
(c) that is a renewal to which part 14, 15, 16 or 17, division 5 would 5
apply, were it not that the renewal is an act-- 6
(i) to which the right to negotiate provisions do not apply 7
because of section 26D(1) of the Commonwealth Native 8
Title Act; and 9
(ii) in relation to which the earlier right to mine mentioned in 10
section 26D(1)(a) is an earlier right mentioned in 11
section 26D(1)(b)(ii); and 12
(iii) for which compensation has not previously been agreed. 13
2--General principles 14
`Division
title compensation 15
`Native
`707.(1) An entity is entitled to compensation for the effect of a relevant 16
act on the entity's native title rights and interests, including for activities 17
carried out under the mining tenement the subject of the relevant act as a 18
result of the relevant act. 19
`(2) However, the entity may receive compensation only in a way 20
provided for in this part. 21
`(3) Nothing in subsections (1) and (2) stops-- 22
(a) compensation from being agreed to before a relevant act is done, 23
based on the expected effect of the relevant act on an entity's 24
native title rights and interests; or 25
(b) a compensation decision or compensation trust decision being 26
made, in accordance with the requirements of the native title 27
provisions, including this part, before a relevant act is done, 28
having regard to the expected effect of the relevant act on an 29
entity's native title rights and interests. 30
s 54 233 s 54
Native Title (Queensland) State Provisions
Amendment
`(4) Subject to the provisions of this part requiring the State to pay an 1
amount of compensation in relation to a relevant act, only the applicant for, 2
or the holder of, the mining tenement the subject of a relevant act may be 3
ordered to pay an amount under a compensation decision or a compensation 4
trust decision. 5
`(5) There is no entitlement to be compensated more than once for the 6
effect on native title rights and interests of an act if compensation has 7
already been provided under this part for what is essentially the same effect 8
of the same act. 9
for compensation 10
`Agreement
`708.(1) The applicant for the doing of a relevant act, or the holder of a 11
mining tenement the subject of a relevant act, may enter into an agreement 12
with an entity for compensation to be paid to the entity for the effect of the 13
relevant act on-- 14
(a) the entity's native title rights and interests; or 15
(b) if the entity is a registered native title body corporate mentioned in 16
section 57(3) of the Commonwealth Native Title Act, the native 17
title rights and interests of the body corporate's common law 18
holders; or 19
(c) if the entity is a registered native title claimant, the native title 20
rights and interests of the native title claim group. 21
`(2) An agreement about compensation is not effective as an agreement 22
under this part unless the agreement-- 23
(a) is in writing, and signed by or on behalf of the parties to it; and 24
(b) has been filed in the office of the mining registrar. 25
`(3) If a registered native title body corporate mentioned in section 57(3) 26
of the Commonwealth Native Title Act is a party to an agreement about 27
compensation, each individual included in the body corporate's common 28
law holders is a party to the agreement. 29
`(4) If a registered native title claimant is a party to an agreement about 30
compensation, each individual included in the native title claim group 31
concerned is a party to the agreement. 32
s 54 234 s 54
Native Title (Queensland) State Provisions
Amendment
for compensation 1
`Application
`709. An entity may apply to the tribunal for a compensation decision or 2
a compensation trust decision for a relevant act if the entity is-- 3
(a) an entity that is not a party to an agreement about compensation 4
for the relevant act, but is 1 of the following-- 5
(i) an entity claiming an entitlement to be paid compensation for 6
the effect of the relevant act on the entity's native title rights 7
and interests; 8
(ii) a registered native title body corporate mentioned in 9
section 57(3) of the Commonwealth Native Title Act 10
claiming an entitlement to be paid compensation for the 11
effect of the relevant act on the native title rights and interests 12
of the body corporate's common law holders; 13
(iii) a registered native title claimant claiming an entitlement to be 14
paid compensation for the effect of the relevant act on the 15
native title rights and interests of the native title claim group; 16
or 17
(b) the applicant for the doing of the relevant act, or the holder of the 18
mining tenement the subject of the relevant act. 19
provided in non-monetary form 20
`Compensation
`710.(1) This section applies if the tribunal makes a compensation 21
decision for a relevant act and the decision is that compensation is payable. 22
`(2) If the registered native title body corporate asks the tribunal to make 23
a recommendation that the whole or part of the amount of the compensation 24
should instead take the form of non-monetary compensation, the tribunal-- 25
(a) must consider the request; and 26
(b) may recommend that the person required under the compensation 27
decision to pay the compensation should, within the period 28
specified in the tribunal's recommendation, provide 29
non-monetary compensation in accordance with the 30
recommendation. 31
s 54 235 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) If the tribunal makes the recommendation, the person required to pay 1
the compensation under the compensation decision may provide 2
non-monetary compensation in accordance with the recommendation. 3
`(4) If the person does provide non-monetary compensation in 4
accordance with the recommendation, the non-monetary compensation is 5
full compensation for the relevant act to the extent of the compensation that 6
was the subject of the recommendation. 7
`(5) If the non-monetary compensation is not provided in the way 8
recommended by the tribunal, the registered native title body corporate 9
entitled to receive compensation under the compensation decision may ask 10
the tribunal to vary the compensation decision. 11
`(6) The variation of the compensation decision may take into account the 12
extent to which non-monetary compensation has been provided under the 13
recommendation. 14
`(7) In this section-- 15
"non-monetary compensation" includes the following-- 16
(a) the transfer of land or other property; 17
(b) the provision of goods or services; 18
(c) the creation of employment opportunities. 19
of agreement or compensation decision 20
`Conditions
`711.(1) If there is an agreement about compensation under this part, or a 21
compensation decision, for a relevant act relating to a mining claim or 22
mining lease, it is a condition of the mining claim or mining lease that the 23
holder of the claim or lease must comply with the terms of the agreement or 24
decision. 25
`(2) In this section-- 26
"compensation decision" does not include a compensation decision under 27
which the State is required to pay an amount of compensation. 28
s 54 236 s 54
Native Title (Queensland) State Provisions
Amendment
trust decisions 1
`Compensation
`712.(1) If the tribunal makes a compensation trust decision for a relevant 2
act, any amount required to be paid into trust under the decision-- 3
(a) must be paid to the tribunal; and 4
(b) must be held in the way prescribed under a regulation until it is 5
paid to an entity in a way provided for in this part. 6
`(2) The applicant for, or holder of, a mining tenement the subject of a 7
relevant act can not be required to pay an amount under a compensation 8
decision for the relevant act to the extent that the land the subject of the 9
relevant act is the subject of a compensation trust decision for the relevant 10
act. 11
right to be heard 12
`State's
`713. The State has the right to be heard at any proceeding before the 13
tribunal under this part. 14
`Division 3--Payment of compensation in particular circumstances 15
before relevant act relating to mining claim or mining 16
`Compensation
lease if registered native title body corporate 17
`714.(1) This section applies to a relevant act relating to a mining claim or 18
mining lease if there is a registered native title body corporate in relation to 19
any part (the "identified part") of the land the subject of the relevant act. 20
`(2) The relevant act may be done only if-- 21
(a) for the identified part, compensation has been decided by-- 22
(i) agreement between the applicant for the doing of the relevant 23
act and the registered native title body corporate; or 24
(ii) a compensation decision; and 25
(b) the conditions of the agreement or decision, required under the 26
agreement or decision to be complied with by the applicant before 27
the relevant act is done, have been complied with by the applicant. 28
s 54 237 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) If the relevant act can not be done because of the operation of 1
subsection (2)(a), the mining registrar must ask the tribunal to make a 2
compensation decision for the relevant act if-- 3
(a) either of the following applies-- 4
(i) an agreement for the doing of the act has been made, but the 5
agreement did not include agreement about compensation, 6
and 3 months have passed since the agreement was entered 7
into; 8
(ii) the tribunal has decided in favour of the doing of the relevant 9
act, and 3 months have passed since the making of the 10
tribunal's decision; and 11
(b) neither the applicant for the doing of the relevant act nor the 12
registered native title body corporate has applied to the tribunal for 13
a compensation decision for the relevant act. 14
before relevant act relating to mining claim or mining 15
`Compensation
lease if registered native title claimant 16
`715.(1) This section applies to a relevant act relating to a mining claim or 17
mining lease if there is a registered native title claimant in relation to any part 18
(the "identified part") of the land the subject of the relevant act. 19
`(2) The relevant act may be done only if-- 20
(a) for the identified part, either of the following applies-- 21
(i) an agreement about compensation has been reached between 22
the applicant for the doing of the relevant act and the 23
registered native title claimant; 24
(ii) the tribunal has made a compensation trust decision for the 25
relevant act; and 26
(b) either of the following applies-- 27
(i) if paragraph (a)(i) applies--the conditions of the agreement, 28
required under the agreement to be complied with by the 29
applicant before the relevant act is done, have been complied 30
with by the applicant; 31
s 54 238 s 54
Native Title (Queensland) State Provisions
Amendment
(ii) if paragraph (a)(ii) applies--the amount ordered by the 1
tribunal under the compensation trust decision to be paid to 2
the tribunal to be held in trust has been paid to the tribunal. 3
`(3) If the relevant act can not be done because of the operation of 4
subsection (2)(a), the mining registrar must ask the tribunal to make a 5
compensation trust decision for the relevant act if-- 6
(a) either of the following applies-- 7
(i) an agreement for the doing of the act has been made, but the 8
agreement did not include agreement about compensation, 9
and 3 months have passed since the agreement was entered 10
into; 11
(ii) the tribunal has decided in favour of the doing of the relevant 12
act, and 3 months have passed since the making of the 13
tribunal's decision; and 14
(b) neither the applicant for the doing of the relevant act nor the 15
registered native title claimant has applied to the tribunal for a 16
compensation trust decision for the relevant act. 17
after relevant act relating to mining claim or mining 18
`Compensation
lease 19
`716.(1) This section applies if-- 20
(a) when a relevant act relating to a mining lease is done, there is no 21
registered native title body corporate or registered native title 22
claimant in relation to land the subject of the relevant act; and 23
(b) after the doing of the relevant act an entity becomes a registered 24
native title body corporate or registered native title claimant in 25
relation to the land. 26
`(2) If the entity becomes a registered native title body corporate, the 27
entity may, at any time after the relevant act is done-- 28
(a) recover compensation under an agreement about compensation 29
between the holder of the mining claim or mining lease and the 30
registered native title body corporate; or 31
s 54 239 s 54
Native Title (Queensland) State Provisions
Amendment
(b) apply to the tribunal for a compensation decision for the relevant 1
act. 2
`(3) If the entity becomes a registered native title claimant, the entity may 3
at any time after the relevant act is done-- 4
(a) recover compensation for the relevant act under an agreement 5
about compensation between the holder of the mining claim or 6
mining lease and the registered native title claimant; or 7
(b) apply to the tribunal for a compensation trust decision for the 8
relevant act. 9
after relevant act relating to other mining tenement if 10
`Compensation
registered native title body corporate 11
`717.(1) This section applies to a relevant act relating to a prospecting 12
permit, exploration permit or mineral development licence if there is a 13
registered native title body corporate in relation to land the subject of the 14
relevant act. 15
`(2) Without limiting section 707, the registered native title body 16
corporate may, at any time after the relevant act is done-- 17
(a) recover compensation under an agreement about compensation 18
between the holder of the prospecting permit, exploration permit 19
or mineral development licence and the registered native title body 20
corporate; or 21
(b) apply to the tribunal for a compensation decision for the relevant 22
act. 23
after relevant act relating to other mining tenement if 24
`Compensation
registered native title claimant 25
`718.(1) This section applies to a relevant act relating to a prospecting 26
permit, exploration permit or mineral development licence if there is a 27
registered native title claimant in relation to land the subject of the relevant 28
act. 29
`(2) Without limiting section 707, a registered native title claimant may at 30
any time after the relevant act is done-- 31
s 54 240 s 54
Native Title (Queensland) State Provisions
Amendment
(a) recover compensation for the relevant act under an agreement 1
about compensation between the holder of the prospecting permit, 2
exploration permit or mineral development licence and the 3
registered native title claimant; or 4
(b) apply to the tribunal for a compensation trust decision for the 5
relevant act. 6
found to be payable after agreement for compensation 7
`Compensation
concluded 8
`719.(1) This section applies if, in relation to any part of the land the 9
subject of a relevant act-- 10
(a) there is an agreement under this part for the payment of 11
compensation for the doing of the relevant act; and 12
(b) an entity obtains an approved determination of native title to the 13
effect that native title exists; and 14
(c) the entity was not a party to the agreement for the payment of 15
compensation; and 16
(d) the agreement does not provide that any compensation payable 17
under the agreement must be paid to the entity or successor of the 18
entity, including for example a registered native title body 19
corporate holding the native title rights and interests claimed by 20
the entity. 21
`(2) The relevant registered native title body corporate may apply for a 22
compensation decision. 23
`(3) The State must pay any compensation decided by the tribunal under 24
the compensation decision. 25
`Division 4--Amounts held in trust 26
of amount held in trust for compensation 27
`Repayment
`720.(1) This section applies if-- 28
s 54 241 s 54
Native Title (Queensland) State Provisions
Amendment
(a) an amount is held in trust under a compensation trust decision for 1
a relevant act; and 2
(b) either of the following happens-- 3
(i) the application for the doing of the relevant act is not granted 4
and is no longer a current application; 5
(ii) the relevant act is done, but an approved determination of 6
native title is made that native title does not exist in relation to 7
land the subject of the relevant act. 8
`(2) A person who claims to have an entitlement to the amount paid into 9
trust, or the State, may apply to the tribunal for an order about the payment 10
of the amount. 11
`(3) The tribunal may-- 12
(a) order the payment of some or all of the amount to the person who 13
paid the amount; or 14
(b) if the person no longer exists, make an appropriate order about the 15
payment of some or all of the amount. 16
`(4) If subsection (1)(b)(ii) applies, the tribunal, in making its order under 17
subsection (3), must have regard to the extent to which the approved 18
determination relates to the land the subject of the relevant act. 19
with amount held in trust for compensation--determination 20
`Dealing
of native title 21
`721.(1) This section applies if-- 22
(a) an amount is held in trust under a compensation trust decision for 23
a relevant act; and 24
(b) the relevant act is done; and 25
(c) an approved determination of native title is made that native title 26
exists in relation to land the subject of the relevant act. 27
`(2) The relevant registered native title body corporate may apply to the 28
tribunal for, and the tribunal must make, a compensation decision. 29
s 54 242 s 54
Native Title (Queensland) State Provisions
Amendment
`(3) As well as making the compensation decision, the tribunal must 1
also, having regard to the extent to which the approved determination relates 2
to the land the subject of the relevant act, decide how much (the "trust 3
amount") of the amount held in trust under the compensation trust decision 4
should be paid to the registered native title body corporate. 5
`(4) If the amount payable under the compensation decision is more than 6
the trust amount, the difference must be paid by the State to the registered 7
native title body corporate. 8
with amount held in trust for compensation-no applicable 9
`Dealing
provision 10
`722.(1) This section applies if-- 11
(a) an amount is held in trust under a compensation trust decision for 12
a relevant act; and 13
(b) no other provision of this part provides for the disposal of the 14
amount; and 15
(c) the tribunal decides, on an application by a person, that it would 16
be just and equitable in all the circumstances to pay some or all of 17
the amount held in trust to a person. 18
`(2) The tribunal must order the payment of some or all of the amount 19
held in trust in the way the tribunal considers appropriate.'. 20
of pt 12 hdg 21
`Replacement
`10. Part 12, heading-- 22
omit, insert-- 23
s 54 243 s 54
Native Title (Queensland) State Provisions
Amendment
`PART 19--TRANSITIONAL PROVISIONS 1
`Division 1--Transitional provisions for Act No. 27 of 1998'. 2
of ss 419 and 420 3
`Renumbering
`11. Sections 419 and 420-- 4
renumber as sections 723 and 724. 5
of new pt 19, div 2 6
`Insertion
`12. After section 724 as renumbered-- 7
insert-- 8
2--Transitional provisions for Act No. 38 of 1998 9
`Division
of div 2 10
`Application
`725.(1) This division applies to an application if-- 11
(a) it is an application for-- 12
(i) the granting of a mining tenement; or 13
(ii) an approval relating to a mining lease; and 14
(b) the application was lodged before the commencement of this 15
section; and 16
(c) the application is still current; and 17
(d) immediately before the commencement of this section-- 18
(i) if paragraph (a)(i) applies--the granting of the mining 19
tenement would have been an act to which the right to 20
negotiate provisions applied; or 21
(ii) if paragraph (a)(ii) applies--the approval would have been 22
an act to which the right to negotiate provisions applied. 23
s 54 244 s 54
Native Title (Queensland) State Provisions
Amendment
`(2) However, this division does not apply to an application relating to a 1
mining tenement if a notice under section 29165 of the Commonwealth 2
Native Title Act in relation to the act the subject of the application, required 3
to be given as part of complying with the right to negotiate provisions, was 4
given before the commencement of this section. 5
for div 2 6
`Definitions
`726. In this division-- 7
"approval" has the meaning given in section 696.166 8
"notification commencement day", for an application, means the 9
notification commencement day advised for the application under 10
section 727. 11
advice of notification commencement day 12
`Giving
`727.(1) The mining registrar must give a notice to-- 13
(a) the applicant under each application for the granting of a mining 14
claim or mining lease, advising the applicant of the notification 15
commencement day for the application; and 16
(b) the applicant under each application for an approval relating to a 17
mining lease, advising the applicant of the notification 18
commencement day for the application. 19
`(2) The chief executive must give a notice to the applicant under each 20
application for the granting of an exploration permit or mineral development 21
licence, advising the applicant of the notification commencement day for the 22
application. 23
prospecting permit applications 24
`Existing
`728.(1) This section applies to an application if-- 25
165 Section 29 (Notification of parties affected) of the Commonwealth Native Title
Act
166 Section 696 (Meaning of "approval" in div 6)
s 54 245 s 54
Native Title (Queensland) State Provisions
Amendment
(a) the application is for the granting of a prospecting permit; and 1
(b) the granting of the prospecting permit is an act to which part 13 2
applies. 3
`(2) Subsection (3) applies to the giving of the application notice under 4
section 431, instead of section 431(2). 5
`(3) The notice must be given no later than-- 6
(a) 2 months after the commencement of this section; or 7
(b) if, under section 432, the mining registrar has given a direction for 8
the giving of a new written notice--the end of the period 9
nominated in the direction. 10
mining claim applications 11
`Existing
`729.(1) This section applies to an application for the granting of a 12
mining claim. 13
`(2) The mining registrar must ask the applicant to nominate which of the 14
following the applicant now seeks to be granted-- 15
(a) a surface alluvium (gold or tin) mining claim under part 14; 16
(b) a mining claim other than a surface alluvium (gold or tin) mining 17
lease under part 14. 18
`(3) If the applicant nominates a surface alluvium (gold or tin) mining 19
claim, subsection (4) applies to the giving of the written notice under 20
section 444, instead of 444(2). 21
`(4) The notice must be given no earlier than the notification 22
commencement day for the application, and no later than-- 23
(a) four months after the notification commencement day for the 24
application; or 25
(b) if, under section 445, the mining registrar has given a direction for 26
the giving of a new written notice--the end of the period 27
nominated in the direction. 28
s 54 246 s 54
Native Title (Queensland) State Provisions
Amendment
`(5) If the applicant nominates a mining claim other than a surface 1
alluvium (gold or tin) mining claim, and part 17, division 3 is to be applied 2
to the granting of the mining claim, subsection (6) applies to the giving and 3
publication of notice under section 616, instead of section 616(3). 4
`(6) The written notice must be given under section 616(1), and the 5
public notice must be published under section 616(2), no earlier than the 6
notification commencement day for the application, and no later than-- 7
(a) four months after the notification commencement day for the 8
application; or 9
(b) if, under section 618, the mining registrar has given a direction for 10
the giving of a new written notice and the publication of a new 11
public notice--the end of the period nominated in the direction. 12
`(7) If the applicant nominates of a mining claim other than a surface 13
alluvium (gold or tin) mining claim, and part 17, division 4 is to be applied 14
to the granting of the mining claim, subsection (8) applies to the giving and 15
publication of notice under section 652, instead of section 652(3). 16
`(8) The written notice must be given under section 652(1), and the 17
public notice must be published under section 652(2), no earlier than the 18
notification commencement day for the application, and no later than-- 19
(a) four months after the notification commencement day for the 20
application; or 21
(b) if, under section 654, the mining registrar has given a direction for 22
the giving of a new written notice and the publication of a new 23
public notice--the end of the period nominated in the direction. 24
exploration permit applications 25
`Existing
`730.(1) This section applies to an application for the granting of an 26
exploration permit. 27
`(2) The chief executive must ask the applicant to nominate which of the 28
following the applicant now seeks to be granted-- 29
(a) a low impact exploration permit under part 15; 30
(b) a high impact exploration permit under part 15, for the granting of 31
which part 15, division 3 applies; 32
s 54 247 s 54
Native Title (Queensland) State Provisions
Amendment
(c) a high impact exploration permit under part 15, for the granting of 1
which part 15, division 4 applies. 2
`(3) If the applicant nominates a low impact exploration permit, 3
subsection (4) applies to the giving of the application notice under 4
section 486, instead of 486(2). 5
`(4) The notice must be given no earlier than the notification 6
commencement day for the application, and no later than-- 7
(a) two months after the notification commencement day for the 8
application; or 9
(b) if, under section 487, the mining registrar has given a direction for 10
the giving of a new written notice--the end of the period 11
nominated in the direction. 12
`(5) If the applicant nominates a high impact exploration permit, and 13
part 15, division 3 is to be applied to the granting of the permit, 14
subsection (6) applies to the giving of the application notice under 15
section 497, instead of section 497(2). 16
`(6) The notice must be given no earlier than the notification 17
commencement day for the application, and no later than-- 18
(a) four months after the notification commencement day for the 19
application; or 20
(b) if, under section 499, the mining registrar has given a direction for 21
the giving of a new written notice--before the end of the period 22
nominated in the direction. 23
`(7) If the applicant nominates a high impact exploration permit, and 24
part 17, division 4 is to be applied to the granting of the permit, 25
subsection (8) applies, instead of section 524(2). 26
`(8) For applying section 652, the written notice must be given under 27
section 652(1), and the public notice must be published under 28
section 652(2), no earlier than the notification commencement day, and the 29
following period is substituted for the periods mentioned in 30
section 652(3)(b)(i) and (ii), that is, the period of 4 months after the 31
notification commencement day. 32
s 54 248 s 54
Native Title (Queensland) State Provisions
Amendment
mineral development licence applications 1
`Existing
`731.(1) This section applies to an application for the granting of a 2
mineral development licence. 3
`(2) the chief executive must ask the applicant to nominate which of the 4
following the applicant now seeks to be granted-- 5
(a) a low impact mineral development licence under part 16; 6
(b) a high impact mineral development licence under part 16 for the 7
granting of which part 16, division 3 applies; 8
(c) a high impact mineral development licence under part 16 for the 9
granting of which part 16, division 4 applies. 10
`(3) If the applicant nominates a low impact mineral development licence, 11
subsection (4) applies to the giving of the application notice under 12
section 542, instead of 542(2). 13
`(4) The notice must be given no earlier than the notification 14
commencement day for the application, and no later than-- 15
(a) two months after the notification commencement day for the 16
application; or 17
(b) if, under section 543, the mining registrar has given a direction for 18
the giving of a new written notice--the end of the period 19
nominated in the direction. 20
`(5) If the applicant nominates a high impact mineral development 21
licence, and part 16, division 3 is to be applied to the granting of the licence, 22
subsection (6) applies to the giving of the application notice under 23
section 553, instead of section 553(2). 24
`(6) The notice must be given no earlier than the notification 25
commencement day for the application, and no later than-- 26
(a) four months after the notification commencement day for the 27
application; or 28
(b) if, under section 555, the mining registrar has given a direction for 29
the giving of a new written notice--before the end of the period 30
nominated in the direction. 31
s 54 249 s 54
Native Title (Queensland) State Provisions
Amendment
`(7) If the applicant nominates a high impact mineral development 1
licence, and part 17, division 4 is to be applied to the granting of the licence, 2
subsection (8) applies, instead of section 581(3). 3
`(8) For applying section 652, the written notice must be given under 4
section 652(1), and the public notice must be published under 5
section 652(2), no earlier than the notification commencement day, and the 6
following period is substituted for the periods mentioned in 7
section 652(3)(b)(i) and (ii), that is, the period of 4 months after the 8
notification commencement day. 9
mining lease applications 10
`Existing
`732.(1) This section applies to an application for the granting of a 11
mining lease. 12
`(2) the mining registrar must ask the applicant to nominate which of the 13
following the applicant now seeks to be granted-- 14
(a) a surface alluvium (gold or tin) mining lease under part 17; 15
(b) a mining lease other than a surface alluvium (gold or tin) mining 16
lease under part 17. 17
`(3) If the applicant nominates a surface alluvium (gold or tin) mining 18
lease, subsection (4) applies to the giving of the written notice under 19
section 599, instead of 599(2). 20
`(4) The notice must be given no earlier than the notification 21
commencement day for the application, and no later than-- 22
(a) four months after the notification commencement day for the 23
application; or 24
(b) if, under section 600, the mining registrar has given a direction for 25
the giving of a new written notice--the end of the period 26
nominated in the direction. 27
`(5) If the applicant nominates a mining lease other than a surface 28
alluvium (gold or tin) mining lease, and part 17, division 3 is to be applied 29
to the granting of the mining lease, subsection (6) applies to the giving and 30
publication of notice under section 616, instead of section 616(3). 31
s 54 250 s 54
Native Title (Queensland) State Provisions
Amendment
`(6) The written notice must be given under section 616(1), and the 1
public notice must be published under section 616(2), no earlier than the 2
notification commencement day for the application, and no later than-- 3
(a) four months after the notification commencement day for the 4
application; or 5
(b) if, under section 618, the mining registrar has given a direction for 6
the giving of a new written notice and the publication of a new 7
public notice--the end of the period nominated in the direction. 8
`(7) If the applicant nominates a mining lease other than a surface 9
alluvium (gold or tin) mining lease, and part 17, division 4 is to be applied 10
to the granting of the mining lease, subsection (8) applies to the giving and 11
publication of notice under section 652, instead of section 652(3). 12
`(8) The written notice must be given under section 652(1), and the 13
public notice must be published under section 652(2), no earlier than the 14
notification commencement day for the application, and no later than-- 15
(a) four months after the notification commencement day for the 16
application; or 17
(d) if, under section 654, the mining registrar has given a direction for 18
the giving of a new written notice and the publication of a new 19
public notice--the end of the period nominated in the direction. 20
applications for certain approvals 21
`Existing
`733.(1) This section applies to an application for an approval relating to a 22
mining lease. 23
`(2) If part 17, division 3 is to be applied to the approval, subsection (3) 24
applies to the giving and publication of notice under section 616 instead of 25
section 616(3). 26
`(3) The written notice must be given under section 616(1), and the 27
public notice must be published under section 616(2), no earlier than the 28
notification commencement day for the application, and no later than-- 29
(a) four months after the notification commencement day for the 30
application; or 31
s 54 251 s 54
Native Title (Queensland) State Provisions
Amendment
(b) if, under section 618, the mining registrar has given a direction for 1
the giving of a new written notice and the publication of a new 2
public notice--the end of the period nominated in the direction. 3
`(4) If part 17, division 4 is to be applied to the approval, subsection (5) 4
applies to the giving and publication of notice under section 652 instead of 5
section 652(3). 6
`(5) The written notice must be given under section 652(1), and the 7
public notice must be published under section 652(2), no earlier than the 8
notification commencement day for the application, and no later than-- 9
(a) four months after the notification commencement day for the 10
application; or 11
(b) if, under section 654, the mining registrar has given a direction for 12
the giving of a new written notice and the publication of a new 13
public notice--the end of the period nominated in the direction. 14
hearings 15
`Separate
`734.(1) This section applies if, for an application for the granting of a 16
mining claim or mining lease-- 17
(a) the provisions of this Act, other than the native title provisions, 18
have been complied with, wholly or partly; and 19
(b) part 14, division 2 or part 17, division 2, 3 or 4 is to be applied to 20
the granting. 21
`(2) If a hearing has already been held under part 4 or 7 for the granting 22
of the mining claim or mining lease, the hearing under part 14, division 2, 23
or part 17, division 2, 3 or 4 is not a combined hearing.'.'. 24
© State of Queensland 1999
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