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This is a Bill, not an Act. For current law, see the Acts databases.


NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT BILL (NO.2) 1998

        Queensland




     NATIVE TITLE
  (QUEENSLAND) STATE
PROVISIONS AMENDMENT
     BILL (No. 2) 1998

 


 

 

Queensland NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT BILL (No. 2) 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2--AMENDMENT OF FOSSICKING ACT 1994 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Replacement of s 11 (Act's application to native title land) . . . . . . . . . . . 14 11 Act's application if approved determination of native title . . . . . . . 15 PART 3--AMENDMENT OF MINERAL RESOURCES ACT 1989 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Amendment of s 25 (Conditions of prospecting permit) . . . . . . . . . . . . . . . . 16 9 Insertion of new pts 12-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 12--INTRODUCTION TO NATIVE TITLE PROVISIONS 419 Purpose of pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 420 Application of native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 17 421 Definitions for native title provisions . . . . . . . . . . . . . . . . . . . . . . . . . 17 422 Other provisions for interpretation of native title provisions . . . . . . 19 423 Application of Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 13--NATIVE TITLE PROVISIONS FOR PROSPECTING PERMITS Division 1--Preliminary

 


 

2 Native Title (Queensland) State Provisions Amendment (No. 2) 424 Purpose of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 425 Exclusion of certain prospecting permits from pt 13 . . . . . . . . . . . . . 21 426 Limited application of pt 13 to prospecting permit in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 427 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 428 Meaning of "low impact prospecting permit" . . . . . . . . . . . . . . . . . . 22 Division 2--Notification requirements 429 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 430 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 3--Consultation requirements before entry 431 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 432 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 433 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 434 Native title notification parties may seek mediation . . . . . . . . . . . . 25 435 Notice of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 14--NATIVE TITLE PROVISIONS FOR MINING CLAIMS Division 1--Preliminary 436 Purpose of pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 437 Exclusion of certain agreed mining claims from pt 14 . . . . . . . . . . . 26 438 Limited application of pt 14 to mining claim in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 439 Definitions for pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 440 Meaning of "surface alluvium (gold or tin) mining claim" . . . . . . . 28 Division 2--Surface alluvium (gold or tin) mining claims Subdivision 1--Preliminary 441 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 2--Notification requirements and right to be heard 442 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 443 Native title notification parties' right to be heard . . . . . . . . . . . . . . . 29 Subdivision 3--Consultation requirements 444 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 445 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

 


 

3 Native Title (Queensland) State Provisions Amendment (No. 2) 446 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 447 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 448 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 31 449 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 4--Hearing requirements 450 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 451 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 452 Tribunal must consider consultation matters and agreed issues . . . 33 453 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision 5--Notice of grant 454 Notice to other consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 3--Other mining claims on alternative provision areas 455 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 456 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 457 Applying pt 17, div 3 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 4--Other mining claims not on alternative provision areas 458 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 459 Requirement for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 460 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 5--Renewals of mining claims 461 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 462 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 6--Requirements for subsidiary approvals 463 Requirements for approval--adding minerals to mining claim . . . . 39 PART 15--NATIVE TITLE PROVISIONS FOR EXPLORATION PERMITS Division 1--Preliminary 464 Purpose of pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 465 Exclusion of certain agreed exploration permits from pt 15 . . . . . . . 40 466 Limitation of application of pt 15 to exploration permit in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 467 Meaning of "low impact exploration permit" . . . . . . . . . . . . . . . . . . 41

 


 

4 Native Title (Queensland) State Provisions Amendment (No. 2) 468 Meaning of "low impact activity" . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 469 Meaning of "high impact exploration permit" . . . . . . . . . . . . . . . . . 43 Division 2--Low impact exploration permits Subdivision 1--Preliminary 470 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 471 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Subdivision 2--Notification requirements 472 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Subdivision 3--Consultation requirements before entry 473 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 474 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 475 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 476 Native title notification parties may seek mediation . . . . . . . . . . . . 46 477 Notice of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 3--High impact exploration permits on alternative provision areas Subdivision 1--Preliminary 478 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 479 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 2--Notification requirements and right to be heard 480 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 481 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 482 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 483 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 484 Ending of additional requirements if no objection lodged . . . . . . . . 50 Subdivision 3--Consultation and mediation 485 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 486 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 50 487 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 488 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 489 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 51 490 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

 


 

5 Native Title (Queensland) State Provisions Amendment (No. 2) 491 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 492 Process for consultation--guidelines for applicant . . . . . . . . . . . . . . 52 493 Process for consultation--agreement with or without conditions . . 53 494 Process for consultation--agreement with conditions . . . . . . . . . . . 53 Subdivision 4--Hearing of objections and tribunal's decision 495 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 496 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 497 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 498 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 55 499 Nature of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 500 Overruling of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 4--High impact exploration permits not on alternative provision areas 501 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 502 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 503 Applying pt 17, div 4 for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 5--Renewals of exploration permits 504 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 505 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 6--Requirements for subsidiary approvals 506 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 507 Requirements for variation--low impact exploration permit . . . . . . 59 508 Requirements for variation--high impact exploration permit . . . . . 59 509 Requirements for variation--other exploration permits . . . . . . . . . . 59 PART 16--NATIVE TITLE PROVISIONS FOR MINERAL DEVELOPMENT LICENCES Division 1--Preliminary 510 Purpose of pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 511 Exclusion of certain agreed mineral development licences from pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 512 Limited application of pt 16 to mineral development licence in approved opal or gem mining area . . . . . . . . . . . . . . . . . . 62 513 Meaning of "low impact mineral development licence" . . . . . . . . . 62

 


 

6 Native Title (Queensland) State Provisions Amendment (No. 2) 514 Meaning of "low impact activity" . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 515 Meaning of "high impact mineral development licence" . . . . . . . . 64 Division 2--Low impact mineral development licences Subdivision 1--Preliminary 516 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 517 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Subdivision 2--Notification requirements 518 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Subdivision 3--Consultation requirements before entry 519 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 520 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 521 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 522 Native title notification parties may seek mediation . . . . . . . . . . . . 67 523 Notice of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 3--High impact mineral development licences on alternative provision areas Subdivision 1--Preliminary 524 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 525 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subdivision 2--Notification requirements 526 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 527 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 528 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 529 Right to object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 530 Ending of additional requirements if no objection lodged . . . . . . . . 71 Subdivision 3--Consultation and mediation 531 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 532 Notice of objections by mining registrar . . . . . . . . . . . . . . . . . . . . . . 71 533 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 534 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 535 Fixing of consultation start day and hearing day . . . . . . . . . . . . . . . 72 536 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

 


 

7 Native Title (Queensland) State Provisions Amendment (No. 2) 537 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 538 Process for consultation--guidelines for applicant . . . . . . . . . . . . . . 73 539 Process for consultation--agreement with or without conditions . . 74 540 Process for consultation--agreement with conditions . . . . . . . . . . . 75 Subdivision 4--Hearing of objections and tribunal's decision 541 Hearing of objections by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 542 Directions for hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 543 Matters tribunal must consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 544 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 76 545 Nature of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 546 Overruling of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Division 4--High impact mineral development licences not on alternative provision areas 547 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 548 Requirements for grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 549 Applying pt 17, div 4 to grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 5--Renewals of mineral development licences 550 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 551 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 6--Requirements for subsidiary approvals 552 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 553 Requirements for variation--low impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 554 Requirements for variation--high impact mineral development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 555 Requirements for variation--other mineral development licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 556 Requirements for approval--variation of access for high impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . 82 557 Requirements for approval--adding minerals to high impact mineral development licence . . . . . . . . . . . . . . . . . . . . . . . . . 82 PART 17--NATIVE TITLE PROVISIONS FOR MINING LEASES Division 1--Preliminary 558 Purpose of pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

 


 

8 Native Title (Queensland) State Provisions Amendment (No. 2) 559 Exclusion of certain agreed mining leases from pt 17 . . . . . . . . . . . 83 560 Limited application of pt 17 to mining lease in approved opal or gem mining area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 561 Meaning of "surface alluvium (gold or tin) mining lease" . . . . . . . 84 562 No re-opening of issues previously decided . . . . . . . . . . . . . . . . . . . . 85 Division 2--Surface alluvium (gold or tin) mining leases Subdivision 1--Preliminary 563 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 564 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 565 Meaning of "surface alluvium (gold or tin) mining lease" . . . . . . . 86 566 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 567 Native title notification parties' right to be heard . . . . . . . . . . . . . . . 88 Subdivision 3--Consultation requirements 568 Consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 569 Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 570 Consultation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 571 Consultation matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 572 Consultation parties may seek mediation . . . . . . . . . . . . . . . . . . . . . 90 573 Notice of result of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Subdivision 4--Hearing requirements 574 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 575 Fixing of combined hearing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 576 Tribunal must consider consultation matters and agreed issues . . . 92 577 General time requirement for hearing . . . . . . . . . . . . . . . . . . . . . . . . 92 Subdivision 5--Notice of grant 578 Notice to other consultation parties . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 3--Other mining leases on alternative provision areas Subdivision 1--Preliminary 579 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 580 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Subdivision 2--Notification and registration requirements 581 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

 


 

s1 9 s1 Native Title (Queensland) State Provisions Amendment (No. 2) 582 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 583 Registered native title parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 584 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 585 Ending of additional requirements if notice of non-objection lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 586 Participation in consultation and negotiation of potential registered native title party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Subdivision 3--Consultation and negotiation 587 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . . 99 588 Consultation and negotiation period . . . . . . . . . . . . . . . . . . . . . . . . . . 99 589 Requirement for consultation and negotiation . . . . . . . . . . . . . . . . . 100 590 Content of negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 591 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 592 Process for consultation and negotiation--applicant consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 593 Process for consultation and negotiation--registered native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 594 Process for consultation and negotiation--taking account of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . 104 595 Process for consultation and negotiation--negotiated agreement with or without conditions attached . . . . . . . . . . . . . . . . 104 596 Process for consultation and negotiation--negotiated agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . 105 597 Objection during consultation and negotiation period . . . . . . . . . . 105 Subdivision 4--Referral and native title issues decision 598 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . 106 599 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . 107 600 Withdrawal of referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 601 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 602 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . 108 Subdivision 5--Requirements for combined hearing 603 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . 109 604 Issue of compliance with sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 605 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 110

 


 

s1 10 s1 Native Title (Queensland) State Provisions Amendment (No. 2) 606 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . 111 607 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 111 608 Tribunal's native title issues decision . . . . . . . . . . . . . . . . . . . . . . . 112 609 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 610 General time requirement for making native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Division 4--Other mining leases not on alternative provision areas Subdivision 1--Preliminary 611 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 612 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Subdivision 2--Notification and registration requirements 613 Requirement to notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 614 Content of written notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 615 Becoming a registered native title party . . . . . . . . . . . . . . . . . . . . . 119 616 Advice to mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 617 Ending of additional requirements if notice of non-objection lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 618 Participation in consultation and negotiation of potential registered native title party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Subdivision 3--Consultation and negotiation 619 Parties to consultation and negotiation . . . . . . . . . . . . . . . . . . . . . . 122 620 Consultation and negotiation period . . . . . . . . . . . . . . . . . . . . . . . . . 122 621 Requirement for consultation and negotiation in good faith . . . . . 123 622 Content of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . 124 623 Request for mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 624 Process for consultation and negotiation--applicant consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 625 Process for consultation and negotiation--registered native title parties consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 626 Process for consultation and negotiation--taking account of existing rights, interests and use . . . . . . . . . . . . . . . . . . . . . . . . . 127 627 Process for consultation and negotiation--negotiated agreement with or without conditions attached . . . . . . . . . . . . . . . . 127

 


 

s1 11 s1 Native Title (Queensland) State Provisions Amendment (No. 2) 628 Process for consultation and negotiation--negotiated agreement with conditions attached . . . . . . . . . . . . . . . . . . . . . . . . . 128 629 Objection during consultation and negotiation period . . . . . . . . . . 128 Subdivision 4--Referral and native title issues decision 630 Referral of proposed mining lease to tribunal . . . . . . . . . . . . . . . . . 129 631 Continuing negotiation and mediation . . . . . . . . . . . . . . . . . . . . . . . 130 632 Withdrawal of referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 633 Combined hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 634 Fixing of date for combined hearing . . . . . . . . . . . . . . . . . . . . . . . . 131 Subdivision 5--Requirements for combined hearing 635 Directions about conduct of combined hearing . . . . . . . . . . . . . . . . 132 636 Issue of negotiation in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 637 Nature of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 133 638 Overruling of native title issues decision . . . . . . . . . . . . . . . . . . . . . 133 639 Effect of native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . 134 640 Tribunal's native title issues decision . . . . . . . . . . . . . . . . . . . . . . . 135 641 Deferred matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 642 General time requirement for making native title issues decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Subdivision 6--Special provisions about completion of combined hearing and making of native titles issues decision 643 Giving of urgency notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 644 Minister's decision if tribunal recommendation delayed . . . . . . . . 139 645 Consultation before Minister's decision . . . . . . . . . . . . . . . . . . . . . . 140 646 Minister's decisions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Division 5--Renewals of mining leases 647 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 648 Requirements for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Division 6--Requirements for subsidiary approvals 649 Requirements for approval--variations and additions . . . . . . . . . . 143 PART 18--COMPENSATION PROVISIONS 650 Native title holders compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 143

 


 

s1 12 s1 Native Title (Queensland) State Provisions Amendment (No. 2) 651 Dealing with amount held in trust for compensation--determination of no native title . . . . . . . . . . . . . . . 145 652 Dealing with amount held in trust for compensation--determination of native title . . . . . . . . . . . . . . . . . 145 653 Dealing with amount held in trust for compensation--other determination about compensation . . . . . . . 146 654 Dealing with amount held in trust for compensation--no applicable provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 10 Replacement of pt 12 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 11 Renumbering of ss 419 and 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 PART 4--AMENDMENT OF NATIVE TITLE (QUEENSLAND) ACT 1993 12 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 13 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 14 Amendment of s 18 (Confirmation of access to beaches etc. (NTA, s 197(2) and (3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 15 Replacement of s 146 (Section headings and attachment--Commonwealth Native Title Act) . . . . . . . . . . . . . . . . . . . . . 149 146 Section headings--Commonwealth Native Title Act . . . . . . . . . . . 149 146A Rights to mine covering both alternative provision areas and other areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149

 


 

1998 A BILL FOR An Act to amend the Fossicking Act 1994 and the Mineral Resources Act 1989 for native title purposes, and to amend the Native Title (Queensland) Act 1993

 


 

s1 14 s5 Native Title (Queensland) State Provisions Amendment (No. 2) The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Native Title (Queensland) State 4 Provisions Amendment Act (No. 2) 1998. 5 6 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 7 PART 2--AMENDMENT OF FOSSICKING ACT 1994 8 amended in pt 2 9 Act Clause 3. This part amends the Fossicking Act 1994. 10 of s 3 (Definitions) 11 Amendment Clause 4. Section 3, definition, "owner"-- 12 omit, insert-- 13 ` "owner" see section 8(1).'. 14 of s 11 (Act's application to native title land) 15 Replacement Clause 5. Section 11-- 16 omit, insert-- 17

 


 

s6 15 s6 Native Title (Queensland) State Provisions Amendment (No. 2) application if approved determination of native title 1 `Act's `11.(1) This Act does not apply to land or waters if-- 2 (a) there is an approved determination of native title over the land or 3 waters; and 4 (b) the determination provides that native title exists over the land or 5 waters. 6 `(2) However, this Act does apply to the land or waters if-- 7 (a) there is an indigenous land use agreement for the land or waters 8 that is registered on the register of indigenous land use 9 agreements; and 10 (b) the agreement provides for fossicking over the land or waters; 11 and 12 (c) the State is a party to the agreement. 13 `(3) In this section-- 14 "approved determination of native title" see Native Title Act 1993 15 (Cwlth), section 253. 16 "indigenous land use agreement" see Native Title Act 1993 (Cwlth), 17 section 253. 18 "register of indigenous land use agreements" see Native Title Act 1993 19 (Cwlth), section 253.'. 20 PART 3--AMENDMENT OF MINERAL RESOURCES 21 ACT 1989 22 amended in pt 3 23 Act Clause 6. This part amends the Mineral Resources Act 1989. 24

 


 

s7 16 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of s 5 (Definitions) 1 Amendment Clause 7. Section 5-- 2 insert-- 3 ` "Commonwealth Native Title Act" means the Native Title Act 1993 4 (Cwlth). 5 "native title provisions" means the following provisions-- 6 part 12 7 part 13 8 part 14 9 part 15 10 part 16 11 part 17 12 part 18. 13 "tribunal" means the Land and Resources Tribunal.'. 14 of s 25 (Conditions of prospecting permit) 15 Amendment Clause 8. Section 25-- 16 insert-- 17 `(5) To remove doubt, it is declared that a condition may limit the extent 18 of the holder's entitlements under section 18(1).1'. 19 of new pts 12-18 20 Insertion Clause 9. After section 418-- 21 insert-- 22 ART 12--INTRODUCTION TO NATIVE TITLE 23 `P PROVISIONS 24 1 Section 18 (Entitlements under prospecting permit)

 


 

s9 17 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of pt 12 1 `Purpose `419. The purpose of this part is to provide for the interpretation of the 2 native title provisions. 3 of native title provisions 4 `Application `420.(1) The native title provisions state additional requirements that 5 apply for the granting, variation or renewal of, or another act concerning, a 6 mining tenure over non-exclusive land. 7 `(2) However, the native title provisions apply only if-- 8 (a) under section 26(1A) or (1) of the Commonwealth Native Title 9 Act, the granting, variation or renewal of, or the other act 10 concerning, a mining tenure is an act to which the right to 11 negotiate provisions apply; and 12 (b) under section 26(2) of the Commonwealth Native Title Act, the 13 act is not an act excluded from the application of the right to 14 negotiate provisions. 15 for native title provisions 16 `Definitions `421. In the native title provisions-- 17 "alternative provision area" means an alternative provision area under 18 section 43A(2) of the Commonwealth Native Title Act. 19 "approved opal or gem mining area" means an area of land that is-- 20 (a) an approved opal or gem mining area determined in writing by 21 the Commonwealth Minister under section 26C2 of the 22 Commonwealth Native Title Act; and 23 (b) prescribed under a regulation. 24 "decision" includes the following-- 25 (a) determination; 26 2 Section 26C (Excluded opal or gem mining) of the Commonwealth Native Title Act

 


 

s9 18 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) for a decision of the tribunal--a recommendation made by the 1 tribunal. 2 "mining tenure" means a prospecting permit, mining claim, exploration 3 permit, mineral development licence or mining lease. 4 "native title notification party", for land, means-- 5 (a) a registered native title body corporate whose name is contained 6 in the national native title register because of an approved 7 determination of native title in relation to any of the land; or 8 (b) a registered native title claimant in relation to any of the land; or 9 (c) a representative Aboriginal/Torres Strait Islander body for an area 10 that includes any of the land. 11 "non-exclusive land" means land over which native title has not been 12 extinguished, but only to the extent that the land is a place mentioned in 13 section 26(3)3 of the Commonwealth Native Title Act. 14 "non-monetary compensation" includes the following-- 15 (a) the transfer of land or other property; 16 (b) the provision of goods or services; 17 (c) the creation of employment opportunities. 18 "registered native title rights and interests" means registered native title 19 rights and interests under section 30(3) of the Commonwealth Native 20 Title Act. 21 "relevant special interest publication", for a proposed mining tenure, 22 means a newspaper or magazine that-- 23 (a) caters mainly or exclusively for the interests of Aboriginal 24 peoples or Torres Strait Islanders; and 25 (b) circulates in the geographical area that may be affected by the 26 proposed mining tenure or, if the area is an offshore place, the 27 geographical area closest to it; and 28 (c) is published at least once a month. 29 3 Section 26(3) (When subdivision applies - Seas and intertidal zone excluded)

 


 

s9 19 s9 Native Title (Queensland) State Provisions Amendment (No. 2) "right to negotiate provisions" means part 2, division 3, subdivision P of 1 the Commonwealth Native Title Act. 2 provisions for interpretation of native title provisions 3 `Other `422.(1) Words and expressions used in the Commonwealth Native Title 4 Act and the native title provisions have the same meaning in the native title 5 provisions as they have in the Commonwealth Native Title Act. 6 `(2) Subsection (1) applies except so far as the context or subject matter 7 otherwise indicates or requires. 8 `(3) However, subsection (1) does not apply to a word or expression 9 defined in section 5.4 10 `(4) Without limiting subsection (3), a reference in the native title 11 provisions to land, or to land or waters, is a reference to land as defined in 12 section 5. 13 `(5) In a native title provision that is about a proposed mining tenure, a 14 reference to the non-exclusive land is a reference to the non-exclusive land 15 that is, or that is included in, the land for which the proposed mining tenure 16 is to be granted. 17 `(6) In a native title provision that is about an existing mining tenure, a 18 reference to the non-exclusive land is a reference to the non-exclusive land 19 that is, or that is included in, the land for which the mining tenure has been 20 granted. 21 of Judicial Review Act 22 `Application `423.(1) This section applies to an act if-- 23 (a) under section 26(1A) or (1) of the Commonwealth Native Title 24 Act, it is an act to which the right to negotiate provisions apply; 25 and 26 (b) under section 26(2) of the Commonwealth Native Title Act, it is 27 not an act excluded from the right to negotiate provisions; and 28 4 Section 5 (Definitions)

 


 

s9 20 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (c) it is an act to which the alternative provisions apply. 1 `(2) To ensure compliance with section 43A(4)(f) of the Commonwealth 2 Native Title Act, it is declared that the decision to do the act is a decision to 3 which the Judicial Review Act 1991 applies. 4 `(3) Subsection (2) does not limit the Judicial Review Act 1991. 5 `(4) In this section-- 6 "alternative provisions" means laws of Queensland that, under a 7 determination in force under section 43A of the Commonwealth 8 Native Title Act, have effect instead of the right to negotiate provisions. 9 ART 13--NATIVE TITLE PROVISIONS FOR 10 `P PROSPECTING PERMITS 11 1--Preliminary 12 `Division of pt 13 13 `Purpose `424. The purpose of this part is-- 14 (a) to state additional requirements that apply for-- 15 (i) the granting of a prospecting permit under part 3 if the 16 permit is a proposed low impact prospecting permit over 17 non-exclusive land; and 18 (ii) the exercise of the entitlement, under a low impact 19 prospecting permit, to enter non-exclusive land; and 20 (b) in stating the additional requirements, to provide a basis for a 21 determination by the Commonwealth Minister under 22 section 26A5 of the Commonwealth Native Title Act. 23 5 Section 26A (Approved exploration acts etc.) of the Commonwealth Native Title Act

 


 

s9 21 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of certain prospecting permits from pt 13 1 `Exclusion `425.(1) This part does not apply to a prospecting permit if-- 2 (a) there is an indigenous land use agreement for an area registered 3 on the register of indigenous land use agreements; and 4 (b) the agreement provides that a prospecting permit, that must 5 include conditions stated or described in the agreement, may be 6 granted over land included in the area other than in compliance 7 with the right to negotiate provisions; and 8 (c) the State is a party to the agreement; and 9 (d) the prospecting permit includes the conditions mentioned in 10 paragraph (b) and is granted over land included in the area. 11 `(2) Also, this part does not apply to a prospecting permit if the permit 12 is-- 13 (a) granted over non-exclusive land; and 14 (b) solely for purposes necessary to enable the permit holder to apply 15 for the granting of a mining claim or mining lease over the non- 16 exclusive land.6 17 application of pt 13 to prospecting permit in approved opal 18 `Limited or gem mining area 19 `426. This part applies to a proposed prospecting permit in an approved 20 opal or gem mining area only if under section 26C(1) or (1A) of the 21 Commonwealth Native Title Act the grant of the permit is not an act 22 excluded from the application of the right to negotiate provisions. 23 for pt 13 24 `Definitions `427. In this part-- 25 "application notice" see section 430(1). 26 6 For the condition described in subsection (2)(b), see section 18(1)(a) (Entitlements under prospecting permit).

 


 

s9 22 s9 Native Title (Queensland) State Provisions Amendment (No. 2) "consultation period" see section 433. 1 "low impact prospecting permit" see section 428. 2 of "low impact prospecting permit" 3 `Meaning `428. For this part, a "low impact prospecting permit" is a prospecting 4 permit that-- 5 (a) is granted over land that is, or includes, non-exclusive land; and 6 (b) at least to the extent the permit is granted over non-exclusive land, 7 excludes all entitlement to enter for hand mining. 8 `Division 2--Notification requirements 9 of div 2 10 `Application `429. This division states additional requirements that apply for the 11 granting of a low impact prospecting permit. 12 to notify 13 `Requirement `430.(1) The applicant must give written notice ("application notice") 14 of the applicant's intention to lodge an application for a low impact 15 prospecting permit, or of the lodgement of the application, to-- 16 (a) each native title notification party for the land to which the 17 application relates; and 18 (b) the mining registrar. 19 `(2) The notice must be given no earlier than 14 days before the 20 lodgement and no later than 7 days after the lodgement. 21 `(3) The notice must state the following-- 22 (a) whether or not the application has been lodged; 23 (b) a description of the land; 24 (c) details of the activities proposed for the land; 25

 


 

s9 23 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (d) an outline of the expected impact on the land of the proposed 1 activities; 2 (e) that the applicant must not act under the permit applied for to 3 enter non-exclusive land unless the applicant has complied with 4 all the applicant's obligations for consultation with the native title 5 notification parties provided for in division 3. 6 `(4) The notice may also state a day for consultation to start under 7 division 3. 8 `(5) The day must be at least 14 days after the giving of the notice to all 9 of the native title notification parties. 10 `Division 3--Consultation requirements before entry 11 to consult 12 `Requirement `431.(1) It is a condition of a low impact prospecting permit that the 13 permit holder must not act under the permit to enter the non-exclusive land 14 unless the holder has consulted with each native title notification party for 15 the land to which the permit relates. 16 `(2) However, the condition does not require consultation with a native 17 title notification party about an entry if-- 18 (a) the native title notification party gives the holder a written notice 19 that the party does not wish to be consulted about an entry or 20 entries described in the written notice; and 21 (b) the entry conforms with the entry or entries described. 22 matters 23 `Consultation `432.(1) The purpose of the consultation is to minimise the impact of the 24 permit holder's entry on land or waters in relation to which native title rights 25 and interests may exist and that will be affected by the entry. 26

 


 

s9 24 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) In particular, the consultation must be about the matters mentioned 1 in section 26A(7)7 of the Commonwealth Native Title Act, as follows-- 2 (a) the protection and avoidance of any area or site, on the land or 3 waters to which the native title rights and interests relate, of 4 particular significance to the persons holding the native title in 5 accordance with their traditional laws and customs; 6 (b) any access to the land or waters to which the native title rights and 7 interests relate by-- 8 (i) the persons mentioned in paragraph (a); or 9 (ii) any person who will do anything that is authorised because 10 of, or results from, or otherwise relates to, the entry; 11 (c) the way in which any other thing that is authorised because of, 12 results from, or otherwise relates to, the entry and affects native 13 title rights and interests, is to be done. 14 period 15 `Consultation `433.(1) The "consultation period" for the permit holder's entry-- 16 (a) starts on the day (the "consultation start day")-- 17 (i) stated for that purpose in the application notice for the 18 permit; or 19 (ii) if the day was not stated in the application notice, stated in a 20 written notice given to each of the native title notification 21 parties by the holder; and 22 (b) ends 14 days after the consultation start day. 23 `(2) A notice under subsection (1)(a)(ii) must be given at least 14 days 24 before the consultation start day. 25 `(3) The holder and the native title notification parties may agree to 26 extend the consultation period. 27 7 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

 


 

s9 25 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(4) If at any time the holder and the native title notification parties agree 1 there has been enough consultation, the consultation period is taken to end. 2 title notification parties may seek mediation 3 `Native `434. In the consultation period, the native title notification parties may 4 ask the mining registrar to hold a conference for mediation about the permit 5 holder's entry. 6 of consultation 7 `Notice `435.(1) The permit holder must, as soon as practicable after the 8 consultation period ends, give a written notice to the mining registrar about 9 the consultation. 10 `(2) The notice must state-- 11 (a) details of the consultation undertaken in the consultation period; 12 and 13 (b) any outcome of the consultation. 14 ART 14--NATIVE TITLE PROVISIONS FOR 15 `P MINING CLAIMS 16 1--Preliminary 17 `Division of pt 14 18 `Purpose `436.(1) The purpose of this part is-- 19 (a) to state additional requirements that apply for the granting of a 20 mining claim, or the variation or renewal of a mining claim, 21 under part 4 if the mining claim is to mine gold or tin in surface 22 alluvium over non-exclusive land; and 23

 


 

s9 26 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) in stating the additional requirements, to provide a basis for a 1 determination by the Commonwealth Minister under 2 section 26B8 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 claim, or variation or renewal of a mining 6 claim, under part 4 over non-exclusive land if the mining claim is 7 other than a surface alluvium (gold or tin) mining claim; and 8 (b) in stating the additional requirements, to provide alternative 9 provisions under sections 43 and 43A of the Commonwealth 10 Native Title Act.9 11 of certain agreed mining claims from pt 14 12 `Exclusion `437.This part does not apply to a mining claim-- 13 (a) if-- 14 (i) there is an indigenous land use agreement for an area 15 registered on the register of indigenous land use agreements; 16 and 17 (ii) the agreement provides that a mining claim, that must 18 include conditions stated or described in the agreement, may 19 be granted over land included in the area other than in 20 compliance with the right to negotiate provisions; and 21 (iii) the State is a party to the agreement; and 22 (iv) the mining claim includes the conditions mentioned in 23 subparagraph (ii); and 24 8 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act. 9 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.

 


 

s9 27 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (v) the mining claim is granted over land included in the area; or 1 (b) if the mining claim-- 2 (i) was the subject of negotiation under the right to negotiate 3 provisions; and 4 (ii) the negotiation resulted in an agreement that included an 5 entitlement for the applicant for the mining claim to apply 6 for and be granted the mining claim without further 7 consultation or negotiation. 8 application of pt 14 to mining claim in approved opal or gem 9 `Limited mining area 10 `438. This part applies to an approved mining claim on an approved opal 11 or gem mining area only if under section 26C(1) of the Commonwealth 12 Native Title Act the grant of the claim is not an act excluded from the 13 application of the right to negotiate provisions. 14 for pt 14 15 `Definitions `439. In this part-- 16 "applicant" means the applicant for the proposed surface alluvium (gold or 17 tin) mining claim. 18 "consultation agreement" see section 449(2). 19 "consultation parties" see section 444. 20 "consultation matters" includes the purpose of consultation stated in 21 section 447(1) and the matters that consultation must be about under 22 section 447(2). 23 "consultation period" see section 446. 24 "consultation result notice" see section 449(1). 25 "consultation start day" see section 443(3). 26 "surface alluvium (gold or tin) mining claim" see section 440. 27

 


 

s9 28 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of "surface alluvium (gold or tin) mining claim" 1 `Meaning `440. For this part, a "surface alluvium (gold or tin) mining claim" is 2 a mining claim-- 3 (a) that is granted over non-exclusive land; and 4 (b) under which the only right to mine is the right to mine gold or tin 5 in surface alluvium; and 6 (c) under which the only way gold or tin may be recovered from the 7 material that is mined is by a washing or an aeration process; and 8 (d) under which a person given the right to mine must, to minimise 9 the impact of mining, rehabilitate any area of land or waters-- 10 (i) in which mining takes place; and 11 (ii) over which native title rights and interests may exist. 12 2--Surface alluvium (gold or tin) mining claims 13 `Division `Subdivision 1--Preliminary 14 of div 2 15 `Application `441. This division states additional requirements that apply for the 16 granting of a proposed surface alluvium (gold or tin) mining claim over 17 non-exclusive land under part 4. 18 `Subdivision 2--Notification requirements and right to be heard 19 to notify 20 `Requirement `442.(1) The applicant must give written notice of the applicant's 21 intention to lodge an application for a surface alluvium (gold or tin) mining 22 claim, or of the lodgement of the application, to-- 23 (a) each native title notification party for the land to which the 24 application relates; and 25

 


 

s9 29 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) the mining registrar. 1 `(2) The notice must be given-- 2 (a) no earlier than 2 months before the lodgement; and 3 (b) no later than-- 4 (i) the end of the period of 7 days after the certificate of 5 application for the proposed mining claim is endorsed by the 6 mining registrar under section 64(2);10 or 7 (ii) if the mining registrar decides a longer period under 8 section 64(6), the end of the longer period. 9 `(3) The notice must state the following-- 10 (a) whether or not the application has been lodged; 11 (b) a description of the land; 12 (c) details of the activities proposed for the land; 13 (d) an outline of the expected impact on the land of the proposed 14 activities; 15 (e) that the applicant must consult with-- 16 (i) each registered native title body corporate for the land to 17 which the application relates; and 18 (ii) each registered native title claimant for the land; 19 (f) a day (the "consultation start day") for consultation to start 20 under subdivision 3 that is at least 2 months after the giving of the 21 notice to all of the native title notification parties; 22 (g) that the native title notification parties have a right to be heard by 23 the tribunal about whether the claim should be granted and other 24 matters relating to the grant. 25 title notification parties' right to be heard 26 `Native `443.(1) Each native title notification party for the land to which the 27 10 Section 64 (Certificate of application etc.)

 


 

s9 30 s9 Native Title (Queensland) State Provisions Amendment (No. 2) application relates has a right to be heard by the tribunal about-- 1 (a) whether the surface alluvium (gold or tin) mining claim applied 2 for is to be granted; and 3 (b) any other matter relating to the grant. 4 `(2) A native title notification party may, by a notice in writing to the 5 mining registrar, waive the party's right to be heard. 6 3--Consultation requirements 7 `Subdivision parties 8 `Consultation `444. The "consultation parties", for a surface alluvium (gold or tin) 9 mining claim application, are-- 10 (a) the applicant; and 11 (b) each registered native title body corporate for the land to which 12 the application relates; and 13 (c) each registered native title claimant for the land. 14 to consult 15 `Requirement `445.(1) The applicant must consult with each other consultation party. 16 `(2) However, the applicant is not required to consult with another 17 consultation party if the other party has given the applicant a written notice 18 stating that the party does not wish to be consulted about the application. 19 period 20 `Consultation `446.(1) The "consultation period" for the application is the period that 21 starts on the consultation start day and ends 2 months after that day. 22 `(2) However, if at any time all the consultation parties agree there has 23 been enough consultation, the consultation period is taken to end. 24

 


 

s9 31 s9 Native Title (Queensland) State Provisions Amendment (No. 2) matters 1 `Consultation `447.(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 6 in section 26B(8)11 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 `448.(1) In the consultation period, the consultation parties may ask the 22 mining registrar to hold a conference for mediation about the application. 23 `(2) Section 6512 applies to the conference as if the request were a request 24 by an owner of land affected by the application. 25 11 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act 12 Section 65 (Mining registrar may call conference in some cases)

 


 

s9 32 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of result of consultation 1 `Notice `449.(1) The applicant must, as soon as practicable after the consultation 2 period ends, give a written notice (a "consultation result notice") to the 3 mining registrar. 4 `(2) The notice must state the following-- 5 (a) any outcome of the consultation; 6 (b) whether the consultation parties have reached an agreement for 7 the granting of the surface alluvium (gold or tin) mining claim 8 applied for (a "consultation agreement"); 9 (c) if a consultation agreement has been reached, details of the 10 agreement, including any agreed conditions for the grant. 11 `(3) The additional requirements provided for in subdivision 4 stop 12 applying to the application if-- 13 (a) a consultation result notice has been given; and 14 (b) a consultation agreement has been reached; and 15 (c) all other native title notification parties for the land to which the 16 application relates have waived their rights to be heard. 17 4--Hearing requirements 18 `Subdivision of sdiv 4 19 `Application `450. This subdivision applies only if-- 20 (a) the consultation period for an application for the granting of the 21 surface alluvium (gold or tin) mining claim has ended; and 22 (b) any of the following applies-- 23 (i) a consultation agreement has not been reached about the 24 application; 25 (ii) a consultation result notice has not been given for the 26 application within 7 days after the end of the period; 27

 


 

s9 33 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (iii) all other native title notification parties for the land to which 1 the application relates have not waived their rights to be 2 heard. 3 of combined hearing day 4 `Fixing `451.(1) The mining registrar must fix a day for the tribunal to hear the 5 application under section 72.13 6 `(2) The mining registrar must give written notice of the day to-- 7 (a) each consultation party for the application; and 8 (b) all other native title notification parties for the land to which the 9 application relates who have not waived their rights to be heard. 10 `(3) The notice must state that, at the hearing, each of the native title 11 notification parties has a right to be heard by the tribunal about-- 12 (a) whether the surface alluvium (gold or tin) mining claim applied 13 for is to be granted; and 14 (b) any consultation matter. 15 `(4) The mining registrar must not, under section 74,14 grant the 16 application without a hearing. 17 must consider consultation matters and agreed issues 18 `Tribunal `452. In hearing the application under section 77 and in making a 19 decision under section 78, the tribunal must take into account-- 20 (a) the consultation matters; and 21 (b) any issue agreed between the consultation parties; and 22 (c) any other matter raised before the tribunal by a native title 23 notification party. 24 13 Section 72 (Mining regulation to fix hearing date) 14 Section 74 (Grant of mining claim to which no objection lodged)

 


 

s9 34 s9 Native Title (Queensland) State Provisions Amendment (No. 2) time requirement for hearing 1 `General `453.(1) The tribunal must take all reasonable steps to ensure the hearing 2 for the application is finished-- 3 (a) within 3 months after the day the consultation parties were 4 notified of the hearing; or 5 (b) as soon as practicable. 6 `(2) However, if the consultation parties ask, the tribunal may-- 7 (a) provide mediation about the issues in dispute to the extent that it 8 considers referral of the parties to mediation will be consistent 9 with finishing the combined hearing as soon as practicable; or 10 (b) order further consultation on conditions it considers appropriate. 11 `Subdivision 5--Notice of grant 12 to other consultation parties 13 `Notice `454.(1) This section applies if the mining registrar grants a surface 14 alluvium (gold or tin) mining claim over non-exclusive land. 15 `(2) The holder of the mining claim must give written notice of the grant 16 to each other consultation party for the application for the mining claim. 17 `(3) The notice must be given within 28 days after the holder receives 18 notice of the grant. 19 3--Other mining claims on alternative provision areas 20 `Division of div 3 21 `Application `455.(1) This division states additional requirements that apply for the 22 granting of a proposed mining claim over non-exclusive land under part 4, 23 other than a surface alluvium (gold or tin) mining claim. 24

 


 

s9 35 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) The additional requirements apply to the extent the non-exclusive 1 land includes all or part of an alternative provision area, unless an election is 2 made under subsection (3). 3 `(3) The applicant may elect that the additional requirements stated in 4 division 4 apply instead of the additional requirements stated in this 5 division. 6 for grant 7 `Requirement `456.(1) The additional requirements applying under part 17, division 315 8 for the granting of a proposed mining lease also apply for the granting of 9 the proposed mining claim. 10 `(2) The requirements apply-- 11 (a) in addition to the requirements of part 4;16 and 12 (b) to the greatest practicable extent. 13 `(3) However, for applying section 58717 and other provisions about 14 consultation and negotiation parties, the State is not a consultation and 15 negotiation party. 16 pt 17, div 3 for grant 17 `Applying `457.(1) This section-- 18 (a) applies for applying the provisions of part 17, division 3; and 19 (b) does not limit section 456(1). 20 (2) Section 601(2)18 is taken to require that the mining registrar may not 21 act under section 74 to grant the mining claim unless a negotiated agreement 22 has been reached. 23 15 Part 17 (Native title provisions for mining leases), division 3 (Other mining leases on alternative provision areas) 16 Part 4 (Mining claims) 17 Section 587 (Parties to consultation and negotiation) 18 Section 601 (Combined hearing)

 


 

s9 36 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (3) Sections 602(1)(b), 606 and 60919 do not apply. 1 (4) For applying section 60720-- 2 (a) if the native title issues decision is that the proposed mining claim 3 may be granted--the tribunal is not stopped from instructing the 4 mining registrar to grant the proposed mining claim; and 5 (b) if the native title issues decision is that the proposed mining claim 6 may be granted subject to conditions to be included in the mining 7 claim--the tribunal is not stopped from instructing the mining 8 registrar to grant the proposed mining claim subject to the 9 conditions; and 10 (c) if the native title issues decision is that the proposed mining claim 11 may be granted subject to contract conditions--the tribunal is not 12 stopped from instructing the mining registrar to grant the 13 proposed mining claim; and 14 (d) if the native title issues decision is that the proposed mining claim 15 should not be granted--the tribunal must instruct the mining 16 registrar to reject the application. 17 `Division 4--Other mining claims not on alternative provision areas 18 of div 4 19 `Application `458.(1) This division states additional requirements that apply for the 20 granting of a proposed mining claim over non-exclusive land under part 4, 21 other than a surface alluvium (gold or tin) mining claim. 22 `(2) The additional requirements do not apply for non-exclusive land that 23 is an alternative provision area unless, under section 455, the additional 24 requirements in this division are applied instead of the additional 25 requirements in division 3. 26 19 Sections 602 (Fixing of date for combined hearing), 606 (Overruling of native title issues decision) and 609 (Deferred matters) 20 Section 607 (Effect of native title issues decision)

 


 

s9 37 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for grant 1 `Requirement `459.(1) The additional requirements applying under part 17, division 421 2 for the granting of a proposed mining lease also apply for the granting of 3 the proposed mining claim. 4 `(2) The requirements apply-- 5 (a) in addition to the requirements of part 4;22 and 6 (b) to the greatest practicable extent. 7 pt 17, div 4 for grant 8 `Applying `460.(1) This section-- 9 (a) applies for applying the provisions of part 17, division 4; and 10 (b) does not limit section 459(1). 11 `(2) Section 633(2)23 is taken to require that the mining registrar may not 12 act under section 74 to grant the mining claim unless a negotiated agreement 13 has been reached. 14 `(3) Sections 634(1)(b), 638 and 64124 do not apply. 15 `(4) For applying section 63925-- 16 (a) if the native title issues decision is that the proposed mining claim 17 may be granted--the tribunal is not stopped from instructing the 18 mining registrar to grant the proposed mining claim; and 19 21 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases on non-alternative provision areas) 22 Part 4 (Mining claims) 23 Section 633 (Combined hearing) 24 Sections 634 (Fixing of date for combined hearing), 638 (Overruling of native title issues decision) and 641 (Deferred matters) 25 Section 639 (Effect of native title issues decision)

 


 

s9 38 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) if the native title issues decision is that the proposed mining claim 1 may be granted subject to conditions to be included in the mining 2 claim--the tribunal is not stopped from instructing the mining 3 registrar to grant the proposed mining claim subject to the 4 conditions; and 5 (c) if the native title issues decision is that the proposed mining claim 6 may be granted subject to contract conditions--the tribunal is not 7 stopped from instructing the mining registrar to grant the 8 proposed mining claim; and 9 (d) if the native title issues decision is that the proposed mining claim 10 should not be granted--the tribunal must instruct the mining 11 registrar to reject the application. 12 5--Renewals of mining claims 13 `Division of div 5 14 `Application `461.(1) This division states additional requirements that apply for the 15 renewal of a mining claim over non-exclusive land under part 4. 16 `(2) However, the additional requirements do not apply for the renewal 17 of the mining claim if-- 18 (a) the renewed claim does not extend the area to which the mining 19 claim relates; and 20 (b) the term of the renewed claim is no longer than the term of the 21 mining claim; and 22 (c) no rights are created in connection with the renewed claim that 23 were not held under the mining claim. 24 for renewal 25 `Requirements `462.(1) If the mining claim is a surface alluvium (gold or tin) mining 26 claim, division 2 applies, with necessary changes, to the renewal of the 27 mining claim as if the renewal were the granting of the mining claim. 28

 


 

s9 39 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) If the mining claim is not a surface alluvium (gold or tin) mining 1 claim, divisions 3 and 4 apply, with necessary changes, to the renewal of 2 the mining claim as if the renewal were the granting of the mining claim. 3 6--Requirements for subsidiary approvals 4 `Division for approval--adding minerals to mining claim 5 `Requirements `463.(1) This division applies to an application, under section 105,26 for 6 approval to add stated minerals to a mining claim over non-exclusive land. 7 `(2) Divisions 3 and 4 apply, with necessary changes, to the application 8 as if the approval were the granting of a mining claim. 9 ART 15--NATIVE TITLE PROVISIONS FOR 10 `P EXPLORATION PERMITS 11 1--Preliminary 12 `Division of pt 15 13 `Purpose `464.(1) The purpose of this part is-- 14 (a) to state additional requirements that apply for-- 15 (i) the granting of a proposed exploration permit, or the 16 variation or renewal of an exploration permit, under part 5 if 17 the permit is a low impact exploration permit over 18 non-exclusive land; and 19 (ii) the exercise of the entitlement, under a low impact 20 exploration permit, to enter non-exclusive land; and 21 26 Section 105 (Mining other minerals)

 


 

s9 40 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) in stating the additional requirements, to provide a basis for a 1 determination by the Commonwealth Minister under 2 section 26A27 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 exploration permit, or the variation or renewal of an 6 exploration permit, under part 5 if the permit is a high impact 7 exploration permit over-- 8 (i) an alternative provision area; or 9 (ii) non-exclusive land other than land that includes all or part of 10 an alternative provision area; and 11 (b) in stating the additional requirements, to provide alternative 12 provisions under sections 43 and 43A of the Commonwealth 13 Native Title Act.28 14 of certain agreed exploration permits from pt 15 15 `Exclusion `465.This part does not apply to an exploration permit-- 16 (a) if-- 17 (i) there is an indigenous land use agreement for an area 18 registered on the register of indigenous land use agreements; 19 and 20 (ii) the agreement provides that an exploration permit, that must 21 include conditions stated or described in the agreement, may 22 be granted over land included in the area other than in 23 compliance with the right to negotiate provisions; and 24 (iii) the State is a party to the indigenous land use agreement; and 25 (iv) the exploration permit includes the conditions mentioned in 26 27 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act 28 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.

 


 

s9 41 s9 Native Title (Queensland) State Provisions Amendment (No. 2) subparagraph (ii); and 1 (v) the exploration permit is granted over land included in the 2 area; or 3 (b) if the exploration permit-- 4 (i) was the subject of negotiation under the right to negotiate 5 provisions; and 6 (ii) the negotiation resulted in an agreement that included an 7 entitlement for the applicant for the exploration permit to 8 apply for and be granted the exploration permit without 9 further consultation, or negotiation. 10 of application of pt 15 to exploration permit in approved 11 `Limitation opal or gem mining area 12 `466. This part applies to a proposed exploration permit in an approved 13 opal or gem mining area only if under section 26C(1A) of the 14 Commonwealth Native Title Act the grant of the permit is not an act 15 excluded from the application of the right to negotiate provisions. 16 of "low impact exploration permit" 17 `Meaning `467. For this part, a "low impact exploration permit" is an exploration 18 permit that-- 19 (a) is granted over land that is, or that includes, non-exclusive land; 20 and 21 (b) has a condition that only low impact activities may be carried out 22 under the permit. 23 of "low impact activity" 24 `Meaning `468. For this part, a "low impact activity", for an exploration 25 permit, means the following activities-- 26 (a) aerial surveys; 27 28 Examples--

 


 

s9 42 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 1 geological, geophysical, photogrammetric and topographic aerial surveys. (b) geological and surveying field work that does not involve 2 clearing; 3 4 Examples-- 5 flagging of sites and sample locations 6 geological reconnaissance and field mapping 7 surveying that does not involve clearing. (c) sampling by hand methods; 8 9 Examples-- 10 grab sampling 11 mine tailings and mine mullock sampling 12 panning and sieving 13 rock chip sampling 14 stream sediment sampling (disturbed and undisturbed samples) 15 soil sampling (disturbed and undisturbed samples) 16 water sampling. (d) ground-based geological surveys that do not involve clearing; 17 18 Examples-- 19 potential-field methods of surveying, including, for example, 20 gravity, magnetic and radiometric surveys 21 electrical methods of surveying, including, for example, 22 electromagnetic, ground penetrating radar, induced polarisation and 23 resistivity surveys 24 seismic methods of surveying, including, for example, `hammer', 25 refraction and vibration-sourced surveys. (e) drilling and activities associated with drilling that does not involve 26 clearing, site excavation or drill pad excavation; 27 28 Examples-- 29 auger drilling

 


 

s9 43 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 1 downhole geophysical logging that does not involve clearing or site 2 excavation 3 mechanical drilling that does not involve clearing or drill pad 4 excavation. (f) environmental field work that does not involve clearing. 5 6 Examples-- 7 cultural heritage, environmental and geobotanical surveys 8 environmental monitoring. of "high impact exploration permit" 9 `Meaning `469. For this part, a "high impact exploration permit" is an 10 exploration permit that-- 11 (a) is granted over land that is, or includes, non-exclusive land; and 12 (b) has a condition that activities may be carried out under the permit, 13 whether or not the activities are low impact activities. 14 `Division 2--Low impact exploration permits 15 `Subdivision 1--Preliminary 16 of div 2 17 `Application `470. This division states additional requirements for the granting of a 18 proposed low impact exploration permit over non-exclusive land. 19 for div 2 20 `Definitions `471. In this division-- 21 "application notice" see section 472(1). 22 "consultation period" see section 475(1). 23 "consultation start day", for an exploration permit, see section 475(1)(a). 24

 


 

s9 44 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 2--Notification requirements 1 `Subdivision to notify 2 `Requirement `472.(1) The applicant must give written notice ("application notice") 3 of the applicant's intention to lodge an application for a low impact 4 exploration permit, or of the lodgement of the application, to-- 5 (a) each native title notification party for the land to which the 6 application relates; and 7 (b) the mining registrar. 8 `(2) The notice must be given no earlier than 1 month before the 9 lodgement and no later than 7 days after the lodgement. 10 `(3) The notice must state the following-- 11 (a) whether or not the application has been lodged; 12 (b) a description of the land; 13 (c) details of the activities proposed for the land; 14 (d) an outline of the expected impact on the land of the proposed 15 activities; 16 (e) that the applicant must not act under the permit applied for to 17 enter non-exclusive land unless the applicant has complied with 18 all the applicant's obligations for consultation with the native title 19 notification parties provided for in subdivision 3. 20 `(4) The notice may also state a day for consultation to start under 21 subdivision 3. 22 `(5) The day must be at least 1 month after the giving of the notice to all 23 of the native title notification parties. 24 3--Consultation requirements before entry 25 `Subdivision to consult 26 `Requirement `473.(1) It is a condition of a low impact exploration permit that the 27

 


 

s9 45 s9 Native Title (Queensland) State Provisions Amendment (No. 2) permit holder must not act under the permit to enter non-exclusive land 1 unless the holder has consulted with each native title notification party for 2 the land to which the permit relates. 3 `(2) However, the condition does not require consultation with a native 4 title notification party about an entry if-- 5 (a) the native title notification party gives the holder a written notice 6 that the party does not wish to be consulted about an entry or 7 entries described in the written notice; and 8 (b) the entry conforms with the entry or entries described. 9 matters 10 `Consultation `474.(1) The purpose of the consultation is to minimise the impact of the 11 permit holder's entry on land or waters in relation to which native title rights 12 and interests may exist and that will be affected by the entry. 13 `(2) In particular, the consultation must be about the matters mentioned 14 in section 26A(7)29 of the Commonwealth Native Title Act, as follows-- 15 (a) the protection and avoidance of any area or site, on the land or 16 waters to which the native title rights and interests relate, of 17 particular significance to the persons holding the native title in 18 accordance with their traditional laws and customs; 19 (b) any access to the land or waters to which the native title rights and 20 interests relate by-- 21 (i) the persons mentioned in paragraph (a); or 22 (ii) any person who will do anything that is authorised because 23 of, or results from, or otherwise relates to, the entry; 24 (c) the way in which any other thing that is authorised because of, 25 results from, or otherwise relates to, the entry and affects native 26 title rights and interests, is to be done. 27 29 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

 


 

s9 46 s9 Native Title (Queensland) State Provisions Amendment (No. 2) period 1 `Consultation `475.(1) The "consultation period" for the entry-- 2 (a) starts on the day (the "consultation start day")-- 3 (i) stated for that purpose in the application notice for the 4 permit; or 5 (ii) if the day was not stated in the application notice, stated in a 6 written notice given to each of the native title notification 7 parties by the permit holder; and 8 (b) ends 2 months after the start day. 9 `(2) A notice under subsection (1)(a)(ii) must be given at least 1 month 10 before the start day. 11 `(3) The holder and the native title notification parties may agree to 12 extend the consultation period. 13 `(4) 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 be 15 ended. 16 title notification parties may seek mediation 17 `Native `476.(1) In the consultation period, the native title notification parties may 18 ask the mining registrar to hold a conference for mediation about the 19 application. 20 `(2) Section 16930 applies to the conference as if the request were a 21 request by an owner of land affected by the application. 22 of consultation 23 `Notice `477.(1) The permit holder must, as soon as practicable after the 24 consultation period ends, give a written notice to the mining registrar about 25 the consultation. 26 `(2) The notice must state-- 27 30 Section 169 (Mining registrar may call conference in some cases)

 


 

s9 47 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) details of the consultation undertaken in the consultation period; 1 and 2 (b) any outcome of the consultation. 3 3--High impact exploration permits on alternative provision 4 `Division areas 5 `Subdivision 1--Preliminary 6 of div 3 7 `Application `478.(1) This division states additional requirements that apply for the 8 granting of a proposed high impact exploration permit over non-exclusive 9 land. 10 `(2) The additional requirements apply to the extent the non-exclusive 11 land includes all or part of an alternative provision area, unless an election is 12 made under subsection (3). 13 `(3) The applicant may elect that the additional requirements stated in 14 division 4 apply instead of the additional requirements stated in this 15 division. 16 for div 3 17 `Definitions `479. In this division-- 18 "applicant" means the applicant for the proposed high impact exploration 19 permit. 20 "application notice" see section 480(1). 21 "closing day (native title issues)", for the proposed high impact 22 exploration permit, see section 481(3). 23 "consultation period", for the proposed high impact exploration permit, 24 means the period described in section 490. 25 "consultation start day" see section 489(1). 26

 


 

s9 48 s9 Native Title (Queensland) State Provisions Amendment (No. 2) "hearing day" see section 489(2). 1 "notification day (native title issues)", for the proposed high impact 2 exploration permit, see section 481(2). 3 "objector" see section 492(3). 4 "registered native title party", for the proposed high impact exploration 5 permit, means a person who is a registered native title claimant or a 6 registered native title body corporate. 7 `Subdivision 2--Notification requirements and right to be heard 8 to notify 9 `Requirement `480.(1) The applicant must give a written notice ("application notice") 10 about the proposed high impact exploration permit to all native title 11 notification parties for the alternative provision area over which the 12 proposed permit is to be granted. 13 `(2) The notice must be given within 14 days of the applicant being 14 notified of the Minister's decision, under section 144(1) or (3),31 of the 15 amount of security to be deposited if the permit is granted. 16 `(3) The notice may be about more than 1 proposed permit. 17 of notice 18 `Content `481.(1) The application notice must state the following-- 19 (a) the following days for the proposed high impact exploration 20 permit-- 21 (i) the notification day (native title issues); 22 (ii) the closing day (native title issues); 23 (b) a clear description of the alternative provision area; 24 (c) a description of the nature of the proposed permit; 25 31 Section 144 (Provision of security)

 


 

s9 49 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (d) that the proposed permit, if granted, will be granted by the 1 Minister; 2 (e) how further information about the proposed permit can be 3 obtained from the applicant or the mining registrar; 4 (f) that registered native title parties have a right to object to the 5 granting of the proposed permit so far as it affects their registered 6 native title rights and interests; 7 (g) that an objection must-- 8 (i) be in the approved form; and 9 (ii) state the grounds for objection and the facts and 10 circumstances relied on in support of the grounds; and 11 (iii) be lodged with the mining registrar on or before the closing 12 day (native title issues); 13 (h) that if a registered native title party objects, the applicant must 14 consult with the party. 15 `(2) The "notification day (native title issues)" must be a day that may 16 reasonably be assumed to be a day by which the written notice will have 17 been received by the persons to whom it is to be given. 18 `(3) The "closing day (native title issues)" must be a day at least 2 19 months after the notification day (native title issues). 20 to mining registrar 21 `Advice `482.(1) Within 1 month of being notified of the Minister's decision, 22 under section 144(1) or (3), the applicant must give the mining registrar a 23 statutory declaration declaring that the applicant has given an application 24 notice under this subdivision. 25 `(2) If the mining registrar considers an application notice has not been 26 given under this subdivision, the mining registrar may fix a further period 27 for the giving of the notice. 28

 


 

s9 50 s9 Native Title (Queensland) State Provisions Amendment (No. 2) to object 1 `Right `483.(1) Each registered native title party has a right to object to the 2 granting of the proposed high impact exploration permit so far as it affects 3 their registered native title rights and interests. 4 `(2) An objection must-- 5 (a) be in the approved form; and 6 (b) state the grounds for objection and the facts and circumstances 7 relied on in support of the grounds; and 8 (c) be lodged with the mining registrar on or before the closing day 9 (native title issues). 10 of additional requirements if no objection lodged 11 `Ending `484. If no objection is lodged by the closing day (native title issues), the 12 additional requirements under subdivisions 3 and 4 stop applying for the 13 proposed high impact exploration permit. 14 `Subdivision 3--Consultation and mediation 15 of sdiv 3 16 `Application `485. This subdivision applies only if an objection is lodged by the 17 closing day (native title issues). 18 of objections by mining registrar 19 `Notice `486. The mining registrar, must as soon as practicable after the closing 20 day (native title issues) give the applicant-- 21 (a) a copy of each objection; and 22 (b) a written notice that the applicant must-- 23 (i) consult with all objectors; and 24 (ii) fix the consultation start day; and 25

 


 

s9 51 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (iii) give written notice of the day to each objector and the mining 1 registrar. 2 to consult 3 `Requirement `487. The applicant must consult with each objector under this 4 subdivision. 5 matters 6 `Consultation `488. The consultation must be about ways of minimising the effect of 7 the grant of the proposed high impact exploration permit on registered 8 native title rights and interests in relation to the land or waters concerned, 9 including any access to the land or waters or the way in which anything 10 authorised by the permit may be done. 11 of consultation start day and hearing day 12 `Fixing `489.(1) The applicant must-- 13 (a) fix a day (the "consultation start day") for the consultation to 14 start; and 15 (b) give written notice of the day to each objector and the mining 16 registrar. 17 `(2) The mining registrar must, as soon as practicable after receiving the 18 notice, fix a day (the "hearing day") for the tribunal to hear the objections. 19 `(3) The hearing day must be after the consultation period ends. 20 `(4) After fixing the hearing day, the mining registrar must notify the 21 applicant and each objector of the day. 22 period 23 `Consultation `490. The "consultation period" for the proposed high impact 24 exploration permit starts on the consultation start day and ends-- 25 (a) if paragraph (b) does not apply--2 months after the consultation 26 start day; or 27

 


 

s9 52 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) if the consultation and negotiation parties agree on a time, which 1 must be later than the time that would otherwise apply under 2 paragraph (a), and advise the mining registrar in writing of the 3 agreed later time--at the agreed later time. 4 for mediation 5 `Request `491.(1) At any time in the consultation period, the applicant or an 6 objector may ask for mediation to help in resolving issues relevant to the 7 consultation. 8 `(2) If a request for mediation is made, mediation must be carried out in 9 the consultation period by-- 10 (a) a mediator chosen by the applicant and the objectors; or 11 (b) if the applicant and the objectors are not able to agree on a 12 mediator and the applicant or an objector asks the tribunal to 13 provide the mediation--the tribunal, or a mediator chosen by the 14 tribunal. 15 for consultation--guidelines for applicant 16 `Process `492.(1) This section sets out guidelines for the applicant to consult under 17 this subdivision. 18 `(2) The consultation should start as soon as practicable after the 19 consultation period starts. 20 `(3) The applicant should-- 21 (a) give each registered native title party for the alternative provision 22 area who objects under section 483 ("objector") information 23 about the activities under the application; and 24 (b) convene at least 1 meeting ("consultation meeting") to provide a 25 reasonable opportunity for all objectors to be given a presentation 26 about the proposed high impact exploration permit. 27 `(4) A consultation meeting may be-- 28 (a) in the town or city where the mining registrar's office is located; 29 or 30

 


 

s9 53 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) in a town or city in which there is an office of the representative 1 Aboriginal/Torres Strait Islander body for the area that includes 2 the alternative provision area; or 3 (c) another place agreed between the applicant and the objectors. 4 `(5) Subject to subsection (4), a consultation meeting should be at a time 5 and place suitable for maximising attendance. 6 `(6) If the applicant has convened a consultation meeting under 7 subsection (3)(b), the meeting has taken to have happened even though not 8 all, or none, of the objectors attend the meeting. 9 `(7) A presentation should be directed at providing objectors with an 10 understanding of the anticipated nature, extent and impact of the proposed 11 permit. 12 for consultation--agreement with or without conditions 13 `Process `493.(1) This section applies if an agreement is obtained, whether or not 14 the agreement includes conditions to be complied with by the applicant or 15 an objector if the proposed high impact exploration permit is granted. 16 `(2) The applicant and the objectors must give a written notice to the 17 mining registrar stating that an agreement has been obtained for the grant of 18 the permit. 19 `(3) When the notice is given, the additional requirements provided for 20 under subdivision 4 stop applying to the proposed permit. 21 for consultation--agreement with conditions 22 `Process `494.(1) This section applies if an agreement is obtained, and the 23 agreement includes conditions to be complied with by the applicant or an 24 objector if the proposed high impact exploration permit is granted. 25 `(2) The agreement has effect, if the proposed permit is granted, as if-- 26 (a) the conditions included in the agreement are the terms of a 27 contract; and 28 (b) the applicant and the objector are parties to the contract; and 29

 


 

s9 54 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (c) if an objector is a registered native title claimant--any individual 1 included in the native title claim group concerned is a party to the 2 contract. 3 `(3) Subsection (2) has effect in addition to any other effect that the 4 agreement may have apart from under subsection (2). 5 `Subdivision 4--Hearing of objections and tribunal's decision 6 of objections by tribunal 7 `Hearing `495. If the consultation period has ended and agreement has not been 8 obtained, the tribunal must hear the objections on the hearing day. 9 for hearing 10 `Directions `496. The tribunal may give directions to the applicant and the objectors, 11 including directions about the filing and serving of-- 12 (a) a statement by each objector, stating the effect of the proposed 13 high impact exploration permit on the objector's registered native 14 title rights and interests; or 15 (b) submissions by the applicant or any objector on the matters the 16 tribunal must consider at the hearing. 17 tribunal must consider 18 `Matters `497. In making a decision, the tribunal must consider-- 19 (a) the content of all objections lodged; and 20 (b) the effect of the proposed high impact exploration permit on each 21 objector's registered native title rights and interests; and 22 (c) any way to minimise the proposed permit's impact on the 23 registered native title rights and interests of the objectors, 24 including in relation to-- 25 (i) any access to the land over which the proposed permit is to 26 be granted; and 27

 


 

s9 55 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (ii) the way in which anything authorised under the proposed 1 permit might be done. 2 time requirement for hearing 3 `General `498.(1) The tribunal must take all reasonable steps to ensure the decision 4 is made within 2 months after the hearing day. 5 `(2) If the decision is not made within the 2 months, the tribunal must, as 6 soon as practicable after the 2 months ends, give a written notice to the 7 Minister-- 8 (a) advising why the decision has not yet been made; and 9 (b) giving an estimate of when the decision is likely to be made. 10 of tribunal's decision 11 `Nature `499. The Tribunal's decision must be a recommendation to the Minister 12 that-- 13 (a) the objections be overruled; or 14 (b) the objections be upheld; or 15 (c) the proposed high impact exploration permit be granted, but that it 16 contain conditions relating to an objector's registered native title 17 rights and interests. 18 of tribunal's decision 19 `Overruling `500.(1) The Minister may overrule the decision only if-- 20 (a) the Minister principally responsible for indigenous affairs is 21 consulted; and 22 (b) the consultation is taken into account; and 23 (c) it is in the interests of Queensland to overrule the decision.32 24 32 See also section 383 (Appeals from tribunal)

 


 

s9 56 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) If the Minister overrules the decision, the Minister must make a 1 substituted decision, and the substituted decision as the same effect as the 2 decision. 3 `(3) The Minister must give a copy of the substituted decision to the 4 tribunal, the applicant and each objector. 5 `(4) In this section-- 6 "in the interests of Queensland" includes-- 7 (a) for the social or economic benefit of Queensland, including of 8 Aboriginal peoples and Torres Strait Islanders); and 9 (b) in the interests of the relevant region or locality in Queensland. 10 4--High impact exploration permits not on alternative 11 `Division provision areas 12 of div 4 13 `Application `501.(1) This division states additional requirements that apply for the 14 granting of a proposed high impact exploration permit over non-exclusive 15 land. 16 `(2) The additional requirements do not apply for non-exclusive land that 17 is an alternative provision area, unless, under section 478 the additional 18 requirements in this division are applied instead of the additional 19 requirements in division 3. 20 for grant 21 `Requirements `502.(1) The additional requirements applying under part 17, division 4 22 for the granting of a proposed mining lease also apply for the granting of 23 the proposed high impact exploration permit. 24 `(2) The requirements apply-- 25 (a) in addition to the requirements of part 5; and 26 (b) to the greatest practicable extent. 27

 


 

s9 57 s9 Native Title (Queensland) State Provisions Amendment (No. 2) pt 17, div 4 for grant 1 `Applying `503.(1) This section-- 2 (a) applies for applying the provisions of part 17, division 4; and 3 (b) does not limit section 502(1). 4 (2) For applying section 613,33 the following period is substituted for the 5 periods mentioned in section 613(3)(b)(i) and (ii), that is, the period of 14 6 days after the applicant is notified of the Minister's decision under 7 section 144(1)34 or (3) of the amount of security to be deposited if the 8 permit is granted. 9 (3) For applying section 620,35 the following day is substituted for the 10 day mentioned in 620(1)(b), that is, the day the applicant is notified of the 11 Minister's decision under section 144(1) or (3) of the amount of security to 12 be deposited if the permit is granted. 13 (4) For applying part 17, division 4, subdivisions 4 and 5,36 if the 14 proposed exploration permit is referred to the tribunal for a native title 15 issues decision, there is not a combined hearing, but a hearing is held for the 16 native title issues decision, including the hearing of any objections lodged 17 under section 62937 as applied under this section. 18 (5) The Minister must not grant the exploration permit under 19 section 13738 unless-- 20 (a) the additional requirements provided for under part 17, division 4, 21 as applied under this section, have stopped applying to the 22 proposed exploration permit; or 23 (b) a native title issues decision has been made for the proposed 24 33 Section 613 (Requirement to notify) 34 Section 144 (Provision of security) 35 Section 620 (Consultation and negotiation period) 36 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) 37 Section 629 (Objection during consultation and negotiation period) 38 Section 137 (Grant of exploration permit)

 


 

s9 58 s9 Native Title (Queensland) State Provisions Amendment (No. 2) exploration permit. 1 `Division 5--Renewals of exploration permits 2 of div 5 3 `Application `504.(1) This division states additional requirements that apply for the 4 renewal of an exploration permit over non-exclusive land under part 5. 5 `(2) The additional requirements do not apply for the renewal of the 6 exploration permit if-- 7 (a) the renewed permit does not extend the area to which the 8 exploration permit relates; and 9 (b) the term of the renewed permit is no longer than the term of the 10 exploration permit; and 11 (c) no rights are created in connection with the renewed permit that 12 were not held under the exploration permit. 13 for renewal 14 `Requirements `505.(1) If the exploration permit is a low impact exploration permit, 15 division 2 applies, with the necessary changes, to the renewal of the 16 exploration permit as if the renewal were the granting of the exploration 17 permit. 18 `(2) If the exploration permit is a high impact exploration permit, 19 divisions 3 and 4 apply, with the necessary changes, to the renewal of the 20 exploration permit as if the renewal were the granting of the exploration 21 permit. 22 6--Requirements for subsidiary approvals 23 `Division of div 6 24 `Application `506. This division applies to the following applications-- 25 (a) an application to vary the conditions of a low impact exploration 26

 


 

s9 59 s9 Native Title (Queensland) State Provisions Amendment (No. 2) permit over non-exclusive land to allow for high impact 1 exploration activities; 2 (b) an application to vary the conditions of a high impact exploration 3 permit on an alternative provision area to allow for high impact 4 exploration activities on non-exclusive land, other than land that 5 includes all or part of an alternative provision area; 6 (c) an application to vary the conditions of an exploration permit 7 granted on land where native title has been extinguished to include 8 non-exclusive land. 9 for variation--low impact exploration permit 10 `Requirements `507.(1) If the application is to vary the conditions of a low impact 11 exploration permit to allow for high impact exploration activities on an 12 alternative provision area, division 3 applies, with necessary changes, as if 13 the application were an application under the division. 14 `(2) If the application is to vary the conditions of a low impact 15 exploration permit to allow for high impact exploration activities on non- 16 exclusive land, other than land that includes all or part of an alternative 17 provision area, division 4 applies, with necessary changes, as if the 18 application were an application under the division. 19 for variation--high impact exploration permit 20 `Requirements `508.(1) This section applies if the application is to vary the conditions of 21 a high impact exploration permit for an alternative provision area to allow 22 for high impact exploration activities on non-exclusive land, other than land 23 that includes all or part of an alternative provision area. 24 `(2) Division 4 applies, with necessary changes, as if the application were 25 an application under that division. 26 for variation--other exploration permits 27 `Requirements `509.(1) This section applies to an application to vary the conditions of an 28 exploration permit granted only over land where native title has been 29 extinguished to include non exclusive land. 30

 


 

s9 60 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) If the application is for low impact activities, division 2 applies, with 1 necessary changes, as if the application were an application under that 2 division. 3 `(3) If the application is for high impact exploration activities on an 4 alternative provision area, division 3 applies, with necessary changes, as if 5 the application were an application under that division. 6 `(4) If the application is for high impact exploration activities on non- 7 exclusive land, other than land that includes all or part of an alternative 8 provision area, division 4 applies, with necessary changes, as if the 9 application were an application under that division. 10 ART 16--NATIVE TITLE PROVISIONS FOR 11 `P MINERAL DEVELOPMENT LICENCES 12 1--Preliminary 13 `Division of pt 16 14 `Purpose `510.(1) The purpose of this part is-- 15 (a) to state additional requirements that apply for-- 16 (i) the granting of a proposed mineral development licence, or 17 the variation or renewal of a mineral development licence, 18 under part 6 if the licence is a low impact mineral 19 development licence over non-exclusive land; and 20 (ii) the exercise of the entitlement, under a low impact mineral 21 development licence, to enter non-exclusive land; and 22

 


 

s9 61 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) in stating the additional requirements, to provide a basis for a 1 determination by the Commonwealth Minister under section 2 26A39 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 mineral development licence, or the variation or renewal 6 of a mineral development licence, under part 6 if the licence is a 7 high impact mineral development licence over-- 8 (i) an alternative provision area; or 9 (ii) non-exclusive land other than land that includes all or part of 10 an alternative provision area; and 11 (b) in stating the additional requirements, to provide alternative 12 provisions under sections 43 and 43A of the Commonwealth 13 Native Title Act.40 14 of certain agreed mineral development licences from pt 16 15 `Exclusion `511.This part does not apply to a mineral development licence-- 16 (a) if-- 17 (i) there is an indigenous land use agreement for an area 18 registered on the register of indigenous land use agreements; 19 and 20 (ii) the agreement provides that a mineral development licence, 21 that must include conditions stated or described in the 22 agreement, may be granted over land included in the area 23 other than in compliance with the right to negotiate 24 provisions; and 25 (iii) the State is a party to the indigenous land use agreement; and 26 39 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act 40 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.

 


 

s9 62 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (iv) the mineral development licence includes the conditions 1 mentioned in subparagraph (ii); and 2 (v) the mineral development licence is granted over land 3 included in the area; or 4 (b) if the mineral development licence-- 5 (i) was the subject of negotiation under the right to negotiate 6 provisions; and 7 (ii) the negotiation resulted in an agreement that included an 8 entitlement for the applicant for the mineral development 9 licence to apply for and be granted the mineral development 10 licence without further consultation, or negotiation. 11 application of pt 16 to mineral development licence in 12 `Limited approved opal or gem mining area 13 `512. This part applies to a proposed mineral development licence in an 14 approved opal or gem mining area only if under section 26C(1A) of the 15 Commonwealth Native Title Act the grant of the licence is not an act 16 excluded from the application of the right to negotiate provisions. 17 of "low impact mineral development licence" 18 `Meaning `513. For this part, a "low 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) has a condition that only low impact activities may be carried out 22 under the licence. 23 of "low impact activity" 24 `Meaning `514. For this part, a "low impact activity", for a mineral development 25 licence, means the following activities-- 26 (a) aerial surveys; 27 28 Examples--

 


 

s9 63 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 1 geological, geophysical, photogrammetric and topographic aerial surveys. (b) geological and surveying field work that does not involve 2 clearing; 3 4 Examples-- 5 flagging of sites and sample locations 6 geological reconnaissance and field mapping 7 surveying that does not involve clearing. (c) sampling by hand methods; 8 9 Examples-- 10 grab sampling 11 mine tailings and mine mullock sampling 12 panning and sieving 13 rock chip sampling 14 stream sediment sampling (disturbed and undisturbed samples) 15 soil sampling (disturbed and undisturbed samples) 16 water sampling. (d) ground-based geological surveys that do not involve clearing; 17 18 Examples-- 19 potential-field methods of surveying, including, for example, 20 gravity, magnetic and radiometric surveys 21 electrical methods of surveying, including, for example, 22 electromagnetic, ground penetrating radar, induced polarisation and 23 resistivity surveys 24 seismic methods of surveying, including, for example, `hammer', 25 refraction and vibration-sourced surveys. (e) drilling and activities associated with drilling that does not involve 26 clearing, site excavation or drill pad excavation; 27 28 Examples-- 29 auger drilling 30 downhole geophysical logging that does not involve clearing or site 31 excavation

 


 

s9 64 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 1 mechanical drilling that does not involve clearing or drill pad 2 excavation. (f) environmental field work that does not involve clearing; 3 4 Examples-- 5 cultural heritage, environmental and geobotanical surveys 6 environmental monitoring. (g) investigations associated with mine feasibility and development. 7 8 Examples-- 9 engineering and design studies 10 environmental studies and monitoring. of "high impact mineral development licence" 11 `Meaning `515.(1) For this part, a "high impact mineral development licence" is 12 a mineral development licence that-- 13 (a) is granted over land that is, or includes, non-exclusive land; and 14 (b) has a condition that activities may be carried out under the licence, 15 whether or not the activities are low impact activities. 16 `(2) For subsection (1), a "high impact activity" is any activity other 17 than a low impact activity. 18 `Division 2--Low impact mineral development licences 19 `Subdivision 1--Preliminary 20 of div 2 21 `Application `516. This division states additional requirements that apply for the 22 granting of a proposed low impact mineral development licence over 23 non-exclusive land. 24

 


 

s9 65 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for div 2 1 `Definitions `517. In this division-- 2 "application notice" see section 518(1). 3 "consultation period" see section 521. 4 "consultation start day", for a mineral development licence, see 5 section 521(1)(a). 6 2--Notification requirements 7 `Subdivision to notify 8 `Requirement `518.(1) The applicant must give written notice ("application notice") 9 of the applicant's intention to lodge an application for a low impact mineral 10 development licence, 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 1 month before the 15 lodgement and no later than 7 days after the lodgement. 16 `(3) The notice must state the following-- 17 (a) whether or not the application has been lodged; 18 (b) a description of the land; 19 (c) details of the activities proposed for the land; 20 (d) an outline of the expected impact on the land of the proposed 21 activities; 22 (e) that the applicant must not act under the licence applied for to 23 enter non-exclusive land unless the applicant has complied with 24 all the applicant's obligations for consultation with the native title 25 notification parties provided for in subdivision 3. 26 `(4) The notice may also state a day for consultation to start under 27 subdivision 3. 28

 


 

s9 66 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(5) The day must be at least 1 month after the giving of the notice to all 1 of the native title notification parties. 2 3--Consultation requirements before entry 3 `Subdivision to consult 4 `Requirement `519.(1) It is a condition of a low impact mineral development licence 5 that the licence holder must not act under the licence to enter non-exclusive 6 land unless the holder has consulted with each native title notification party 7 for the land to which the licence relates. 8 `(2) However, the condition does not apply to require consultation with a 9 native title notification party about an entry if-- 10 (a) the native title notification party gives the holder a written notice 11 that the party does not wish to be consulted about an entry or 12 entries described in the written notice; and 13 (b) the entry conforms with the entry or entries described. 14 matters 15 `Consultation `520.(1) The purpose of the consultation is to minimise the impact of the 16 licence holder's entry on land or waters in relation to which native title 17 rights and interests may exist and that will be affected by the entry. 18 `(2) In particular, the consultation must be about the matters mentioned 19 in section 26A(7)41 of the Commonwealth Native Title Act, as follows-- 20 (a) the protection and avoidance of any area or site, on the land or 21 waters to which the native title rights and interests relate, of 22 particular significance to the persons holding the native title in 23 accordance with their traditional laws and customs; 24 (b) any access to the land or waters to which the native title rights and 25 interests relate by-- 26 41 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act

 


 

s9 67 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (i) the persons mentioned in paragraph (a); or 1 (ii) any person who will do anything that is authorised because 2 of, or results from, or otherwise relates to, the entry; 3 (c) the way in which any other thing that is authorised because of, 4 results from, or otherwise relates to, the entry and affects native 5 title rights and interests, is to be done. 6 period 7 `Consultation `521.(1) The "consultation period" for the entry-- 8 (a) starts on the day (the "consultation start day")-- 9 (i) stated for that purpose in the application notice for the 10 licence; or 11 (ii) if the day was not stated in the application notice--stated in a 12 written notice given to each of the native title notification 13 parties by the licence holder; and 14 (b) ends 2 months after the start day. 15 `(2) A notice under subsection (1)(a)(ii) must be given at least 1 month 16 before the start day. 17 `(3) The holder and the native title notification parties may agree to 18 extend the consultation period. 19 `(4) If at any time the holder and the native title notification parties agree 20 there has been enough consultation, the consultation period is taken to end. 21 title notification parties may seek mediation 22 `Native `522.(1) In the consultation period, the native title notification parties may 23 ask the mining registrar to hold a conference for mediation about the 24 application. 25 `(2) Section 21742 applies to the conference as if the request were a 26 request by an owner of land affected by the application. 27 42 Section 217 (Mining registrar may call conference in some cases)

 


 

s9 68 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of consultation 1 `Notice `523.(1) The licence holder must, as soon as practicable after the 2 consultation period ends, give a written notice to the mining registrar about 3 the consultation. 4 `(2) The notice must state-- 5 (a) details of the consultation undertaken in the consultation period; 6 and 7 (b) any outcome of the consultation. 8 `Division 3--High impact mineral development licences on alternative 9 provision areas 10 `Subdivision 1--Preliminary 11 of div 3 12 `Application `524.(1) This division states additional requirements that apply for the 13 granting of a proposed high impact mineral development licence over 14 non-exclusive land for an alternative provision area. 15 `(2) The additional requirements apply only to the extent the 16 non-exclusive land includes all or part of an alternative provision area, 17 unless an election is made under subsection (3). 18 `(3) The applicant may elect that the additional requirements stated in 19 division 4 apply instead of the additional requirements stated in this 20 division. 21 for div 3 22 `Definitions `525. In this division-- 23 "applicant" means the applicant for the proposed high impact mineral 24 development licence. 25 "application notice" see section 526(1). 26

 


 

s9 69 s9 Native Title (Queensland) State Provisions Amendment (No. 2) "closing day (native title issues)", for the proposed high impact mineral 1 development licence, see section 527(3). 2 "consultation period", for the proposed high impact mineral development 3 licence, means the period described in section 536. 4 "consultation start day" see section 535(1). 5 "hearing day" see section 535(2). 6 "notification day (native title issues)", for the proposed high impact 7 mineral development licence, see section 527(2). 8 "objector" see section 538(3). 9 "registered native title party", for the proposed high impact mineral 10 development licence, means a person who is a registered native title 11 claimant or a registered native title body corporate. 12 2--Notification requirements 13 `Subdivision to notify 14 `Requirement `526.(1) The applicant must give a written notice ("application notice") 15 about the proposed high impact mineral development licence to all native 16 title notification parties for the alternative provision area over which the 17 proposed licence is to be granted. 18 `(2) The notice must be given within 14 days of the applicant being 19 notified of the Minister's decision, under section 190(1),43 of the amount of 20 security to be deposited if the licence is granted. 21 `(3) The notice may be about more than 1 proposed licence. 22 of notice 23 `Content `527.(1) The application notice must state the following-- 24 (a) the following days for the proposed high impact mineral 25 development licence-- 26 43 Section 190 (Provision of security)

 


 

s9 70 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (i) the notification day (native title issues); 1 (ii) the closing day (native title issues); 2 (b) a clear description of the alternative provision area; 3 (c) a description of the nature of the proposed licence; 4 (d) that the proposed licence, if granted, will be granted by the 5 Minister; 6 (e) how further information about the proposed licence can be 7 obtained from the applicant or the mining registrar; 8 (f) that registered native title parties have a right to object to the 9 granting of the proposed licence so far as it affects their registered 10 native title rights and interests; 11 (g) that an objection must-- 12 (i) be in the approved form; and 13 (ii) state the grounds for objection and the facts and 14 circumstances relied on in support of the grounds; and 15 (iii) be lodged with the mining registrar on or before the closing 16 day (native title issues); 17 (h) that if a registered native title party objects, the applicant must 18 consult with the party. 19 `(2) The "notification day (native title issues)" must be a day that may 20 reasonably be assumed to be a day by which the written notice will have 21 been received by the persons to whom it is to be given. 22 `(3) The "closing day (native title issues)" must be a day at least 2 23 months after the notification day (native title issues). 24 to mining registrar 25 `Advice `528.(1) Within 1 month of being notified of the Minister's decision, 26 under section 190(1), the applicant must give the mining registrar a 27 statutory declaration declaring that the applicant has given an application 28 notice under this subdivision. 29

 


 

s9 71 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) If the mining registrar considers an application notice has not been 1 given under this subdivision, the mining registrar may fix a further period 2 for the giving of the notice. 3 to object 4 `Right `529.(1) Each registered native title party has a right to object to the 5 granting of the proposed high impact mineral development licence so far as 6 it affects their registered native title rights and interests. 7 `(2) An objection must-- 8 (a) be in the approved form; and 9 (b) state the grounds for objection and the facts and circumstances 10 relied on in support of the grounds; and 11 (c) be lodged with the mining registrar on or before the closing day 12 (native title issues). 13 of additional requirements if no objection lodged 14 `Ending `530. If no objection is lodged by the closing day (native title issues), the 15 additional requirements under subdivisions 3 and 4 stop applying for the 16 proposed high impact mineral development licence. 17 `Subdivision 3--Consultation and mediation 18 of sdiv 3 19 `Application `531. This subdivision applies if an objection is lodged by the closing 20 day (native title issues). 21 of objections by mining registrar 22 `Notice `532. The mining registrar, must as soon as practicable after the closing 23 day (native title issues), give the applicant-- 24 (a) a copy of each objection; and 25

 


 

s9 72 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) a written notice that the applicant must-- 1 (i) consult with all objectors; and 2 (ii) fix the consultation start day; and 3 (iii) give written notice of the day to each objector and the mining 4 registrar. 5 to consult 6 `Requirement `533. The applicant must consult with each objector under this 7 subdivision. 8 matters 9 `Consultation `534. The consultation must be about ways of minimising the effect of 10 the grant of the proposed high impact mineral development licence on 11 registered native title rights and interests in relation to the land or waters 12 concerned, including any access to the land or waters or the way in which 13 anything authorised by the licence may be done. 14 of consultation start day and hearing day 15 `Fixing `535.(1) The applicant must-- 16 (a) fix a day (the "consultation start day") for the consultation to 17 start ; and 18 (b) give written notice of the day to each objector and the mining 19 registrar. 20 `(2) The mining registrar must, as soon as practicable after receiving the 21 notice, fix a day (the "hearing day") for the tribunal to hear the objections. 22 `(3) The hearing day must be after the consultation period ends. 23 `(4) After fixing the hearing day, the mining registrar must notify the 24 applicant and each objector of the day. 25

 


 

s9 73 s9 Native Title (Queensland) State Provisions Amendment (No. 2) period 1 `Consultation `536. The "consultation period" for the proposed high impact mineral 2 development licence starts on the consultation start day and ends-- 3 (a) if paragraph (b) does not apply--2 months after the consultation 4 start day; or 5 (b) if the consultation and negotiation parties agree on a time, which 6 must be later than the time that would otherwise apply under 7 paragraph (a), and advise the mining registrar in writing of the 8 agreed later time--at the agreed later time. 9 for mediation 10 `Request `537.(1) At any time in the consultation period, the applicant or an 11 objector may ask for mediation to help in resolving issues relevant to the 12 consultation. 13 `(2) If a request for mediation is made, mediation must be carried out in 14 the consultation period by-- 15 (a) a mediator chosen by the applicant and the objectors; or 16 (b) if the applicant and the objectors are not able to agree on a 17 mediator and the applicant or an objector asks the tribunal to 18 provide the mediation--the tribunal, or a mediator chosen by the 19 tribunal. 20 for consultation--guidelines for applicant 21 `Process `538.(1) This section states guidelines for the applicant to consult under 22 this subdivision. 23 `(2) The consultation should start as soon as practicable after the 24 consultation period starts. 25 `(3) The applicant should-- 26 (a) give each registered native title party for the alternative provision 27 area who objects under section 529 ("objector") information 28 about the activities under the application; and 29

 


 

s9 74 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) convene at least 1 meeting ("consultation meeting") to provide a 1 reasonable opportunity for all objectors to be given a presentation 2 about the proposed high impact mineral development licence. 3 `(4) A consultation meeting may be-- 4 (a) in the town or city where the mining registrar's office is located; 5 or 6 (b) in a town or city in which there is an office of the representative 7 Aboriginal/Torres Strait Islander body for the area that includes 8 the alternative provision area; or 9 (c) another place agreed between the applicant and the objectors. 10 `(5) Subject to subsection (4), a consultation meeting should be at a time 11 and place suitable for maximising attendance. 12 `(6) If the applicant has convened a consultation meeting under 13 subsection (3)(b), the meeting has taken to have happened even though not 14 all, or none, of the objectors attend the meeting. 15 `(7) A presentation should be directed at providing objectors with an 16 anticipated understanding of the nature, extent and impact of the proposed 17 licence. 18 for consultation--agreement with or without conditions 19 `Process `539.(1) This section applies if an agreement is obtained, whether or not 20 the agreement includes conditions to be complied with by the applicant or 21 an objector if the proposed high impact mineral development licence is 22 granted. 23 `(2) The applicant and the objectors must give a written notice to the 24 mining registrar stating that an agreement has been obtained for the grant of 25 the licence. 26 `(3) When the notice is given, the additional requirements provided for 27 under subdivision 4 stop applying to the proposed licence. 28

 


 

s9 75 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for consultation--agreement with conditions 1 `Process `540.(1) This section applies if an agreement is obtained, and the 2 agreement includes conditions to be complied with by the applicant or an 3 objector if the proposed high impact mineral development licence is 4 granted. 5 `(2) The agreement has effect, if the proposed licence is granted, as if-- 6 (a) the conditions included in the agreement were the terms of a 7 contract; and 8 (b) the applicant and the objector were parties to the contract; and 9 (c) if an objector is a registered native title claimant--any individual 10 included in the native title claim group concerned were a party to 11 the contract. 12 `(3) Subsection (2) has effect in addition to any other effect that the 13 agreement may have apart from under subsection (2). 14 `Subdivision 4--Hearing of objections and tribunal's decision 15 of objections by tribunal 16 `Hearing `541. If the consultation period has ended and agreement has not been 17 obtained, the tribunal must hear the objections on the hearing day. 18 for hearing 19 `Directions `542. The tribunal may give directions to the applicant and the objectors, 20 including directions about the filing and serving of-- 21 (a) a statement by each objector, stating the effect of the proposed 22 high impact mineral development licence on the objector's 23 registered native title rights and interests; or 24 (b) submissions by the applicant or any objector on the matters the 25 tribunal must consider at the hearing. 26

 


 

s9 76 s9 Native Title (Queensland) State Provisions Amendment (No. 2) tribunal must consider 1 `Matters `543. In making a decision, the tribunal must consider-- 2 (a) the content of all objections lodged; and 3 (b) the effect of the proposed high impact mineral development 4 licence on each objector's registered native title rights and 5 interests; and 6 (c) any way to minimise the proposed licence's impact on the 7 registered native title rights and interests of the objectors, 8 including in relation to-- 9 (i) any access to the land over which the proposed licence is to 10 be granted; and 11 (ii) the way in which anything authorised under the proposed 12 licence might be done. 13 time requirement for hearing 14 `General `544.(1) The tribunal must take all reasonable steps to ensure the decision 15 is made within 2 months after the hearing day. 16 `(2) If the decision is not made within the 2 months, the tribunal must, as 17 soon as practicable after the 2 months ends, give a written notice to the 18 Minister-- 19 (a) advising why the decision has not yet been made; and 20 (b) giving an estimate of when the decision is likely to be made. 21 of tribunal's decision 22 `Nature `545. The Tribunal's decision must be a recommendation to the Minister 23 that-- 24 (a) the objections be overruled; or 25 (b) the objections be upheld; or 26 (c) the proposed high impact mineral development licence be 27 granted, but that it contain conditions relating to an objector's 28 registered native title rights and interests. 29

 


 

s9 77 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of tribunal's decision 1 `Overruling `546.(1) The Minister may overrule the decision only if-- 2 (a) the Minister principally responsible for indigenous affairs is 3 consulted; and 4 (b) the consultation is taken into account; and 5 (c) it is in the interests of Queensland to overrule the decision. 6 `(2) If the Minister overrules the decision, the Minister must make a 7 substituted decision, and the substituted decision has the same effect as the 8 decision. 9 `(3) The Minister must give a copy of the substituted decision to the 10 tribunal, the applicant and each objector. 11 `(4) In this section-- 12 "in the interests of Queensland" includes-- 13 (a) for the social or economic benefit of Queensland, including of 14 Aboriginal peoples and Torres Strait Islanders); and 15 (b) in the interests of the relevant region or locality in Queensland. 16 4--High impact mineral development licences not on 17 `Division alternative provision areas 18 of div 4 19 `Application `547.(1) This division states additional requirements that apply for the 20 granting of a proposed high impact mineral development licence over 21 non-exclusive land. 22 `(2) The additional requirements do not apply for non-exclusive land that 23 is an alternative provision area unless, under section 524 the additional 24 requirements in this division are applied instead of the additional 25 requirements in division 3. 26

 


 

s9 78 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for grant 1 `Requirements `548.(1) The additional requirements applying under part 17, division 4 2 for the granting of a proposed mining lease also apply for the granting of 3 the proposed high impact mineral development licence. 4 `(2) The requirements apply-- 5 (a) in addition to the requirements of part 6; and 6 (b) to the greatest practicable extent. 7 pt 17, div 4 to grant 8 `Applying `549.(1) This section-- 9 (a) applies for applying the provisions of part 17, division 4; and 10 (b) does not limit section 548(1). 11 (2) For applying section 613,44 the following period is substituted for the 12 periods mentioned in section 613(3)(b)(i) and (ii), that is, the period of 14 13 days after the applicant is notified of the Minister's decision under section 14 190(1)45 and (2) of the amount of security to be deposited if the licence is 15 granted. 16 (3) For applying section 620,46 the following day is substituted for the 17 day mentioned in 620(1)(b), that is, the day the applicant is notified of the 18 Minister's decision under section 190(1) and (2) of the amount of security 19 to be deposited if the licence is granted. 20 44 Section 613 (Requirement to notify) 45 Section 190 (Provision of security) 46 Section 620 (Consultation and negotiation period)

 


 

s9 79 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (4) For applying part 17, division 4, subdivisions 4 and 5,47 if the 1 proposed mineral development licence is referred to the tribunal for a native 2 title issues decision, there is not a combined hearing, but a hearing is held 3 for the native title issues decision, including the hearing of any objections 4 lodged under section 629 as applied under this section. 5 (5) The Minister must not grant the mineral development licence under 6 section 18648 unless-- 7 (a) the additional requirements provided for under part 17, division 4, 8 as applied under this section, have stopped applying to the 9 proposed mineral development licence; or 10 (b) a native title issues decision has been made for the proposed 11 mineral development licence. 12 `Division 5--Renewals of mineral development licences 13 of div 5 14 `Application `550.(1) This division states additional requirements that apply for the 15 renewal of a mineral development licence over non-exclusive land under 16 part 6. 17 `(2) The additional requirements do not apply for the renewal of the 18 mineral development licence if-- 19 (a) the renewed licence does not extend the area to which the mineral 20 development licence relates; and 21 (b) the term of the renewed licence is no longer than the term of the 22 mineral development licence; and 23 (c) no rights are created in connection with the renewed licence that 24 were not held under the mineral development licence. 25 47 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) 48 Section 186 (Minister may grant or reject application for mineral development licence)

 


 

s9 80 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for renewal 1 `Requirements `551.(1) If the mineral development licence is a low impact mineral 2 development licence, division 2 applies, with necessary changes, to the 3 renewal of the mineral development licence as if the renewal were the 4 granting of the mineral development licence. 5 `(2) If the mineral development licence is a high impact mineral 6 development licence, divisions 3 and 4 apply, with necessary changes, to 7 the renewal of the mineral development licence as if the renewal were the 8 granting of the mineral development licence. 9 6--Requirements for subsidiary approvals 10 `Division of div 6 11 `Application `552. This division applies to an application-- 12 (a) to vary the conditions of-- 13 (i) a low impact mineral development licence to allow for high 14 impact exploration activities; or 15 (ii) a high impact mineral development licence on an alternative 16 provision area to allow for high impact exploration activities 17 on non-exclusive land, other than land that includes all or 18 part of an alternative provision area; or 19 (iii) a mineral development licence granted on land where native 20 title has been extinguished to include non-exclusive land; or 21 (b) for approval-- 22 (i) under section 231,49 for the variation of the land used, or 23 proposed to be used, under a high impact mineral 24 development licence; or 25 49 Section 231 (Variation of access to mineral development licence land)

 


 

s9 81 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (ii) under section 208,50 to add stated minerals to a high impact 1 mineral development licence. 2 for variation--low impact mineral development licence 3 `Requirements `553.(1) If the application is to vary the conditions of a low impact 4 mineral development licence to allow for high impact exploration activities 5 on an alternative provision area, division 3 applies, with necessary changes, 6 as if the application were an application under the division. 7 `(2) If the application is to vary the conditions of a low impact mineral 8 development licence to allow for high impact exploration activities on 9 non-exclusive land, other than land that includes all or part of an alternative 10 provision area, division 4 applies, with necessary changes, as if the 11 application were an application under the division. 12 for variation--high impact mineral development 13 `Requirements licences 14 `554.(1) This section applies if the application is to vary the conditions of 15 a high impact mineral development licences for an alternative provision area 16 to allow for high impact exploration activities on non-exclusive land, other 17 than land that includes all or part of an alternative provision area. 18 (2) Division 4, applies, with necessary changes, as if the application were 19 an application under the division. 20 for variation--other mineral development licences 21 `Requirements `555.(1) This section applies if the application is to vary the conditions of 22 a mineral development licence granted only over land where native title has 23 been extinguished to include non-exclusive land. 24 `(2) If the application is for low impact activities, division 2 applies, with 25 necessary changes, as if the application were an application under the 26 division. 27 50 Section 208 (adding other minerals to licence)

 


 

s9 82 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(3) If the application is for high impact exploration activities on an 1 alternative provision area, division 3 applies, with necessary changes, as if 2 the application were an application under the division. 3 `(4) If the application is for high impact exploration activities on 4 non-exclusive land, other than land that includes all or part of an alternative 5 provision area, division 4 applies, with necessary changes, as if the 6 application were an application under the division. 7 for approval--variation of access for high impact 8 `Requirements mineral development licence 9 `556.(1) This section applies if the application is an application under 10 section 231 for approval to vary access for the land used, or proposed to be 11 used under a under a high impact mineral development licence. 12 `(2) If the application is for an alternative provision area, division 3 13 applies, with necessary changes, as if the application were an application 14 under the division. 15 `(3) If the application is for non-exclusive land, other than land that 16 includes all or part of an alternative provision area, division 4 applies, with 17 necessary changes, as if the application were an application under the 18 division. 19 for approval--adding minerals to high impact mineral 20 `Requirements development licence 21 `557.(1) If the application is an application under section 208 for 22 approval to add stated minerals to a high impact mineral development 23 licence on an alternative provision area, division 3 applies, with necessary 24 changes, as if the application were an application under the division. 25 `(2) If the application is an application under section 208 for approval to 26 add stated minerals to a high impact mineral development licence on 27 non-exclusive land, other than land that includes all or part of an alternative 28 provision area, division 4 applies, with necessary changes, as if the 29 application were an application under the division. 30

 


 

s9 83 s9 Native Title (Queensland) State Provisions Amendment (No. 2) ART 17--NATIVE TITLE PROVISIONS FOR 1 `P MINING LEASES 2 1--Preliminary 3 `Division of pt 17 4 `Purpose `558.(1) The purpose of this part is-- 5 (a) to state the additional requirements that apply for the granting of a 6 proposed mining lease or the variation or renewal of a mining 7 lease, under part 7 if the lease is to mine gold or tin in surface 8 alluvium 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 26B51 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 lease, or variation or renewal of a mining lease 15 under part 7 if the mining lease is other than over non-exclusive 16 land if the mining lease is other than a surface alluvium (gold or 17 tin) mining lease ; and 18 (b) in stating the additional requirements, to provide alternative 19 provisions under sections 43 and 43A of the Commonwealth 20 Native Title Act.52 21 of certain agreed mining leases from pt 17 22 `Exclusion `559.This part does not apply to a mining lease-- 23 51 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act. 52 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.

 


 

s9 84 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) if-- 1 (i) there is an indigenous land use agreement in relation to an 2 area registered on the register of indigenous land use 3 agreements; and 4 (ii) the agreement provides that a mining lease, that must include 5 conditions stated or described in the agreement, may be 6 granted over land included in the area other than in 7 compliance with the right to negotiate provisions; and 8 (iii) the State is a party to the agreement; and 9 (iv) the mining lease includes the conditions mentioned in 10 subparagraph (ii) and is granted over land included in the 11 area; or 12 (b) if the mining lease-- 13 (i) was the subject of negotiation under the right to negotiate 14 provisions; and 15 (ii) the negotiation resulted in an agreement that included an 16 entitlement for the applicant for the mining lease to apply for 17 and be granted the mining lease without further consultation, 18 or negotiation. 19 application of pt 17 to mining lease in approved opal or gem 20 `Limited mining area 21 `560. This part applies to a proposed mining lease in an approved opal or 22 gem mining area only if under section 26C(1) of the Commonwealth 23 Native Title Act the grant of the lease is not an act excluded from the 24 application of the right to negotiate provisions. 25 of "surface alluvium (gold or tin) mining lease" 26 `Meaning `561. In this part, a "surface alluvium (gold or tin) mining lease" is a 27 mining lease-- 28 (a) that is granted over non-exclusive land; and 29

 


 

s9 85 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) under which the only right to mine is the right to mine gold or tin 1 in surface alluvium; 2 (c) under which the only way gold or tin may be recovered from the 3 material that is mined is by a washing or an aeration process; and 4 (d) under which a person given the right to mine must, to minimise 5 the impact of mining, rehabilitate any area of land or waters-- 6 (i) in which mining takes place; and 7 (ii) over which native title rights and interests may exist. 8 re-opening of issues previously decided 9 `No `562.(1) This section applies if-- 10 (a) the parties to a hearing under this part about the grant of a 11 proposed mining lease (the "mining lease hearing") are identical 12 to the parties to an earlier relevant agreement or hearing; and 13 (b) an issue was decided in the relevant agreement or at the relevant 14 hearing. 15 `(2) A party to the mining lease hearing must not, without the leave of 16 the tribunal, seek to vary the decision on the issue. 17 `(3) In this section-- 18 "relevant agreement" means an agreement under part 15 or 16, or under 19 the right to negotiate provisions, about the grant of the exploration 20 permit or mineral development licence for the land for which the 21 mining lease is proposed to be granted. 22 "relevant hearing" means a hearing under part 15 or 16, or under the right 23 to negotiate provisions, about the grant of the exploration permit or 24 mineral development licence for the land for which the mining lease is 25 proposed to be granted. 26

 


 

s9 86 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Division 2--Surface alluvium (gold or tin) mining leases 1 `Subdivision 1--Preliminary 2 of div 2 3 `Application `563. This division states additional requirements that apply for the 4 granting of a proposed surface alluvium (gold or tin) mining lease over 5 non-exclusive land under part 7. 6 for div 2 7 `Definitions `564. In this division-- 8 "applicant" means the applicant for the proposed surface alluvium (gold or 9 tin) mining lease. 10 "consultation agreement" see section 573(2)(b). 11 "consultation parties" see section 568. 12 "consultation matters" includes the purpose of consultation stated in 13 section 571(1) and the matters that consultation must be about under 14 section 571(2). 15 "consultation result notice" see section 573(1). 16 "consultation start day" see section 566(3)(f). 17 "consultation period" see section 570. 18 of "surface alluvium (gold or tin) mining lease" 19 `Meaning `565. For this division, a "surface alluvium (gold or tin) mining lease" 20 is a mining lease-- 21 (a) that is granted over non-exclusive land; and 22 (b) under which the only right to mine is the right to mine gold or tin 23 in surface alluvium; 24 (c) under which the only way gold or tin may be recovered from the 25 material that is mined is by a washing or an aeration process; and 26

 


 

s9 87 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (d) under which a person given the right to mine must, to minimise 1 the impact of mining, rehabilitate any area of land or waters-- 2 (i) in which mining takes place; and 3 (ii) over which native title rights and interests may exist. 4 `Subdivision 2--Notification requirements and right to be heard 5 to notify 6 `Requirement `566.(1) The applicant must give written notice of the applicant's 7 intention to lodge an application for a surface alluvium (gold or tin) mining 8 lease, or of the lodgement of the application, to-- 9 (a) each native title notification party for the land to which the 10 application relates; and 11 (b) the mining registrar. 12 `(2) The notice must be given-- 13 (a) no earlier than 2 months before the proposed lodgement; and 14 (b) no later than-- 15 (i) the end of the period of 7 days after the certificate of 16 application for the proposed mining lease is endorsed by the 17 mining registrar under section 252(2);53 or 18 (ii) if the mining registrar decides a longer period under 19 section 252(7)--the end of the longer period. 20 `(3) The notice must state the following-- 21 (a) whether or not the application has been lodged; 22 (b) a description of the land; 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 53 Section 252 (Certificate of application etc.)

 


 

s9 88 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (e) that the applicant must consult with-- 1 (i) each registered native title body corporate for the land to 2 which the application relates; and 3 (ii) each registered native title claimant for the land; 4 (f) a day (the "consultation start day") for consultation to start 5 under subdivision 3 that is at least 2 months after the giving of the 6 notice to all of the native title notification parties; 7 (g) that the native title notification parties have a right to be heard by 8 the tribunal about whether the lease should be granted and about 9 other matters relating to the grant. 10 title notification parties' right to be heard 11 `Native `567.(1) Each native title notification party for the land to which the 12 application relates has a right to be heard by the tribunal about-- 13 (a) whether the surface alluvium (gold or tin) mining lease applied 14 for is to be granted; and 15 (b) any other matter relating to the grant. 16 `(2) A native title notification party may, by a notice in writing to the 17 mining registrar, waive the party's right to be heard. 18 3--Consultation requirements 19 `Subdivision parties 20 `Consultation `568. The "consultation parties", for a surface alluvium (gold or tin) 21 mining lease application, are-- 22 (a) the applicant; and 23 (b) each registered native title body corporate for the land to which 24 the application relates; and 25 (c) each registered native title claimant for the land. 26

 


 

s9 89 s9 Native Title (Queensland) State Provisions Amendment (No. 2) to consult 1 `Requirement `569.(1) The applicant must consult with each other consultation party. 2 `(2) However, the applicant is not required to consult with another 3 consultation party if the other party has given the applicant a written notice 4 stating that the party does not wish to be consulted about the application. 5 period 6 `Consultation `570.(1) The "consultation period" for the application is the period that 7 starts on the consultation start day and ends 2 months after that day. 8 `(2) However, if at any time all the consultation parties agree there has 9 been enough consultation, the consultation period is taken to end. 10 matters 11 `Consultation `571.(1) The purpose of the consultation is to minimise the impact of the 12 granting of the surface alluvium (gold or tin) mining lease applied for on 13 land in relation to which native title rights and interests may exist and that 14 will be affected by the granting of the mining lease. 15 `(2) In particular, the consultation must be about the matters mentioned 16 in section 26B(8)54 of the Commonwealth Native Title Act, as follows-- 17 (a) the protection and avoidance of any area or site, on the land or 18 waters to which the native title rights and interests relate, of 19 particular significance to the persons holding the native title in 20 accordance with their traditional laws and customs; 21 (b) any access to the land or waters to which the native title rights and 22 interests relate by-- 23 (i) the persons mentioned in paragraph (a); or 24 (ii) any person who will do anything that is authorised because 25 of, or results from, or otherwise relates to, the mining lease 26 applied for; 27 54 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act

 


 

s9 90 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (c) the way in which any rehabilitation or other thing that is 1 authorised because of, results from, or otherwise relates to, the 2 mining lease applied for, is to be done. 3 parties may seek mediation 4 `Consultation `572.(1) In the consultation period, the consultation parties may ask the 5 mining registrar to hold a conference for mediation about the application. 6 `(2) Section 25455 applies to the conference as if the request were a 7 request by an owner of land affected by the application. 8 of result of consultation 9 `Notice `573.(1) The applicant must, as soon as practicable after the consultation 10 period ends, give a written notice (a "consultation result notice") to the 11 mining registrar. 12 `(2) The notice must state the following-- 13 (a) any outcome of the consultation; 14 (b) whether the consultation parties have reached an agreement for 15 the granting of the surface alluvium (gold or tin) mining lease 16 applied for (a "consultation agreement"); 17 (c) if a consultation agreement has been reached, details of the 18 agreement, including any agreed conditions for the grant. 19 `(3) The additional requirements provided for in subdivision 4 stop 20 applying to the application if-- 21 (a) a consultation result notice has been given; and 22 (b) a consultation agreement has been reached; and 23 (c) all other native title notification parties for the land to which the 24 application relates have waived their rights to be heard. 25 55 Section 254 (Mining registrar may call conference in some cases)

 


 

s9 91 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 4--Hearing requirements 1 `Subdivision of sdiv 4 2 `Application `574. This subdivision applies only if-- 3 (a) the consultation period for an application for the granting of the 4 surface alluvium (gold or tin) mining lease has ended; and 5 (b) any of the following applies-- 6 (i) a consultation agreement has not been reached about the 7 application; 8 (ii) a consultation result notice has not been given for the 9 application within 7 days after the end of the period; 10 (iii) all other native title notification parties for the land to which 11 the application relates have not waived their rights to be 12 heard. 13 of combined hearing day 14 `Fixing `575.(1) The mining registrar must fix a day for the tribunal to hear the 15 application under section 265.56 16 `(2) The mining registrar must give written notice of the day to-- 17 (a) each consultation party for the application; and 18 (b) all other native title notification parties for the land to which the 19 application relates who have not waived their rights to be heard. 20 `(3) The notice must state that, at the hearing, each of the native title 21 notification parties has a right to be heard by the tribunal about-- 22 (a) whether the surface alluvium (gold or tin) mining lease applied 23 for is to be granted; and 24 56 Section 265 (Mining registrar to fix hearing date)

 


 

s9 92 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) any consultation matter. 1 `(4) The tribunal must not, under section 270,57 dispense with a hearing. 2 must consider consultation matters and agreed issues 3 `Tribunal `576. In making its recommendation to the Minister under section 269,58 4 the tribunal must take into account-- 5 (a) the consultation matters; and 6 (b) any issue agreed between the consultation parties; and 7 (c) any other matter raised before the tribunal by a native title 8 notification party. 9 time requirement for hearing 10 `General `577.(1) The tribunal must take all reasonable steps to ensure the hearing 11 for the application is finished-- 12 (a) within 3 months from when the consultation parties were notified 13 of the hearing; or 14 (b) as soon as practicable. 15 `(2) However, if the consultation parties ask, the tribunal may-- 16 (a) provide mediation about the issues in dispute to the extent that, it 17 considers, referral of the parties to mediation will be consistent 18 with finishing the combined hearing as soon as practicable; or 19 (b) order further consultation on conditions it sees fit. 20 57 Section 270 (Procedure where no objection lodged) 58 Section 269 (Tribunal's recommendation on hearing)

 


 

s9 93 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Subdivision 5--Notice of grant 1 to other consultation parties 2 `Notice `578.(1) This section applies if the Governor in Council grants a surface 3 alluvium (gold or tin) mining lease over non-exclusive land. 4 `(2) The holder of the mining lease must give written notice of the grant 5 to each other consultation party for the application for the mining lease. 6 `(3) The notice must be given within 28 days after the holder receives 7 notice of the grant. 8 `Division 3--Other mining leases on alternative provision areas 9 `Subdivision 1--Preliminary 10 of div 3 11 `Application `579.(1) This division states additional requirements that apply for the 12 granting of a proposed mining lease over non-exclusive land under part 7, 13 other than a surface alluvium (gold or tin) mining lease. 14 `(2) However, this division applies only if-- 15 (a) under section 26(1) of the Commonwealth Native Title Act, the 16 granting of the proposed mining lease is an act to which the right 17 to negotiate provisions apply; and 18 (b) under section 26(2) of the Commonwealth Native Title Act, the 19 granting of the proposed mining lease is not an act excluded from 20 the application of the right to negotiate provisions. 21 `(3) The additional requirements apply to the extent the non-exclusive 22 land includes all or part of an alternative provision area, unless an election is 23 made under subsection (4). 24 `(4) The applicant may elect that the additional requirements stated in 25 division 4 apply instead of the additional requirements stated in this 26 division. 27

 


 

s9 94 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for div 4 1 `Definitions `580. In this division-- 2 "applicant" means the applicant for the proposed mining lease. 3 "closing day (native title issues)", for the proposed mining lease, see 4 section 582(3). 5 "combined hearing", for the proposed mining lease, see section 601. 6 "consultation and negotiation parties", for the proposed mining lease, 7 see section 588. 8 "consultation and negotiation period", for the proposed mining lease, 9 see section 587(1). 10 "contract condition" see section 605(1). 11 "negotiated agreement", for the proposed mining lease, see 12 section 589(1). 13 "native title issues decision" see section 598(1). 14 "notification day (native title issues)", for the proposed mining lease, see 15 section 582(2). 16 "registered native title party", for the proposed mining lease, see 17 section 583. 18 2--Notification and registration requirements 19 `Subdivision to notify 20 `Requirement `581.(1) The applicant must give a written notice about the proposed 21 mining lease to-- 22 (a) all native title notification parties for the non-exclusive land; and 23 (b) the mining registrar for the land the subject of the proposed 24 mining lease. 25 `(2) The applicant must also make sure that a public notice, containing 26 the substance of the written notice mentioned in subsection (1), is published 27 in-- 28

 


 

s9 95 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) a newspaper circulating generally in the area of the land the 1 subject of the proposed mining lease; and 2 (b) a relevant special interest publication. 3 `(3) The written notice must be given under subsection (1), and the 4 public notice must be published under subsection (2)-- 5 (a) not earlier than 3 months before the application for the proposed 6 mining lease is lodged; and 7 (b) not later than-- 8 (i) the end of the period of 28 days after the certificate of 9 application for the proposed mining lease is endorsed by the 10 mining registrar under section 252(2);59 or 11 (ii) if the mining registrar decides a longer period under 12 section 252(7)--the end of the longer period; or 13 (iii) if, under section 584(3), the mining registrar decides that the 14 written notice has not been given as required under this 15 subdivision, and decides a further period for the giving of 16 the written notice--the further period. 17 `(4) The written notice may be about more than 1 proposed mining lease. 18 of written notice 19 `Content `582.(1) The written notice must state the following-- 20 (a) the following days for the proposed mining lease-- 21 (i) the notification day (native title issues); 22 (ii) the closing day (native title issues); 23 (b) how a person may become a registered native title party for the 24 proposed mining lease; 25 (c) that registered native title parties have a right-- 26 (i) to be consulted about the proposed mining lease; and 27 59 Section 252 (Certificate of application etc.)

 


 

s9 96 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (ii) to object to the granting of the proposed mining lease; and 1 (iii) to negotiate with a view to reaching agreement about the 2 granting of the proposed mining lease; 3 (d) a clear description of the non-exclusive land; 4 (e) a description of the nature of the proposed mining lease; 5 (f) that the proposed mining lease, if granted, will be granted by the 6 Governor in Council; 7 (g) how further information about the proposed mining lease, and 8 about the matters mentioned in paragraph (c), can be obtained 9 from the applicant and from the mining registrar. 10 `(2) The "notification day (native title issues)" must be a day that may 11 reasonably be assumed to be a day by which-- 12 (a) the written notice will have been received by the persons to whom 13 it is to be given, and 14 (b) the public notice containing the substance of the written notice 15 will have come to the attention of the persons to whom the public 16 notice is directed. 17 `(3) The "closing day (native title issues)" must be a day at least 18 3 months after the notification day (native title issues). 19 native title parties 20 `Registered `583. Each of the following is a "registered native title party" for the 21 proposed mining lease-- 22 (a) a body corporate that, on or before the closing day (native title 23 issues), is a registered native title body corporate in relation to the 24 land affected by the proposed mining lease; 25 (b) a body corporate that becomes a registered native title body 26 corporate in relation to the land affected by the proposed mining 27 lease-- 28 (i) after the closing day (native title issues); and 29

 


 

s9 97 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (ii) as a result of a claim that was entered on the register of 1 native title claims on or before the closing day (native title 2 issues); 3 (c) a person who-- 4 (i) files a native title determination application in the Federal 5 Court on or before the closing day (native title issues) for the 6 proposed mining lease;60 and 7 (ii) becomes a registered native title claimant in relation to the 8 land affected by the proposed mining lease within 1 month 9 after the closing day (native title issues) for the proposed 10 mining lease. 11 to mining registrar 12 `Advice `584.(1) As soon as practicable after the closing day (native title issues) 13 for the proposed mining lease, the applicant must give the mining 14 registrar-- 15 (a) a statutory declaration-- 16 (i) declaring as to the applicant's compliance with the 17 requirements of sections 581 and 582; and 18 (ii) attaching copies of the written notice given, and the public 19 notice published, under section 581; and 20 (b) the names and addresses of-- 21 (i) all registered native title parties for the non-exclusive land as 22 at the closing day (native title issues); and 23 (ii) all native title claimants who may become registered native 24 title parties for the non-exclusive land. 25 (2) As soon as practicable after the end of 1 month after the closing day 26 (native title issues) for the proposed mining lease, the applicant must give 27 the mining registrar the names and addresses of all persons who have 28 60 Section 61 of the Commonwealth Native Title Act sets out details about native title determination applications.

 


 

s9 98 s9 Native Title (Queensland) State Provisions Amendment (No. 2) become registered native title parties for the non-exclusive land in the 1 month. 2 (3) If the mining registrar decides that the written notice has not been 3 given as required under sections 581 and 582, the mining registrar may 4 decide a further period for the giving of the written notice.61 5 of additional requirements if notice of non-objection lodged 6 `Ending `585. The additional requirements provided for under this division stop 7 applying for the proposed mining lease if after the closing day (native title 8 issues)-- 9 (a) there are no registered native title parties for the non-exclusive 10 land, and no native title claimants who may become registered 11 native title parties for the non-exclusive land; or 12 (b) the following persons certify in the approved form lodged with 13 the mining registrar that they do not object to the grant of the 14 proposed mining lease and do not wish to be consulted about it-- 15 (i) all registered native title parties for the non-exclusive land; 16 (ii) if 1 month after the closing day (native title issues) has not 17 expired, all native title claimants who may become registered 18 native title parties for the non-exclusive land. 19 in consultation and negotiation of potential registered 20 `Participation native title party 21 `586. For applying the additional requirements provided for in this 22 division in the first month after the closing day (native title issues) for the 23 proposed mining lease, a reference to a registered native title party includes 24 a native title claimant who may become a registered native title party for the 25 non-exclusive land. 26 61 Section 266 (Mining registrar may recommend rejection of application for noncompliance) provides for recommending rejection of an application for noncompliance with requirements placed on the applicant by this Act, and section 267 (Minister may reject application at any time) allows the Minister to reject an application, including for noncompliance.

 


 

s9 99 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Subdivision 3--Consultation and negotiation 1 to consultation and negotiation 2 `Parties `587.(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 for the non-exclusive land; 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 and negotiation period 20 `Consultation `588.(1) The "consultation and negotiation period" for the proposed 21 mining lease starts on the later of the following-- 22 (a) the closing day (native title issues) for the proposed mining lease; 23 (b) the day the mining registrar endorses the certificate of application 24 under section 252(2).62 25 `(2) The "consultation and negotiation period" for the proposed 26 mining lease ends-- 27 62 Section 252 (Certificate of application etc.)

 


 

s9 100 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) if paragraph (b) does not apply--3 months after the period starts; 1 or 2 (b) if the consultation and negotiation parties agree on a time, which 3 must be later than the time that would otherwise apply under 4 paragraph (a), and advise the mining registrar in writing of the 5 agreed later time--at the agreed later time. 6 `(3) However, if an environmental impact statement is completed under 7 part 7 for the proposed mining lease, the consultation and negotiation period 8 for the proposed mining lease ends on the later of the following-- 9 (a) 3 months after the day the mining registrar displays the notice 10 about the environmental impact statement at the mining 11 registrar's office under section 264(3);63 12 (b) if the registered native title parties for the non-exclusive land and 13 the applicant agree on a time, which must be later than the time 14 that would otherwise apply under paragraph (a), and advise the 15 mining registrar in writing of the agreed later time--at the agreed 16 later time. 17 for consultation and negotiation 18 `Requirement `589.(1) In the consultation and negotiation period, the consultation and 19 negotiation parties for the proposed mining lease must consult and negotiate 20 with a view to obtaining the agreement of each of the registered native title 21 parties for the non-exclusive land (a "negotiated agreement") to-- 22 (a) the granting of the proposed mining lease; and 23 (b) any conditions to be complied with by the consultation and 24 negotiation parties if the proposed mining lease is granted. 25 `(2) Also, as part of the consultation and negotiation-- 26 (a) the applicant-- 27 (i) must consult the registered native title parties about ways of 28 minimising the impact of the proposed mining lease on 29 63 Section 264 (What happens after environmental impact statement is prepared?)

 


 

s9 101 s9 Native Title (Queensland) State Provisions Amendment (No. 2) registered native title rights and interests in relation to the 1 non-exclusive land, including about-- 2 (A) any access to the land; and 3 (B) the way in which anything authorised by the proposed 4 mining lease might be done; and 5 (ii) for the consultation, must have regard to the guidelines set 6 out in this subdivision for applicant consultation; and 7 (b) the registered native title parties-- 8 (i) must consult the other consultation and negotiation parties 9 about the effect of the proposed mining lease on their 10 registered native title rights and interests; and 11 (ii) for the consultation, must have regard to the guidelines 12 stated in this subdivision for registered native title party 13 consultation. 14 of negotiation 15 `Content `590.(1) Subsections (3) to (5) apply for the requirement under this 16 subdivision to negotiate. 17 `(2) However, subject to those subsections, this subdivision does not 18 limit the requirements that apply for negotiation. 19 `(3) A consultation and negotiation party must make every reasonable 20 effort to reach agreement. 21 `(4) A consultation and negotiation party is not required to negotiate 22 about issues unrelated or unconnected to the proposed mining lease. 23 `(5) A consultation and negotiation party is not required to negotiate 24 about matters unrelated to the impact of the proposed mining lease on the 25 registered native title rights and interests of registered native title parties. 26 `(6) The failure of 1 consultation and negotiation party to negotiate as 27 required under this subdivision can not be used to establish that another 28 consultation and negotiation party has not negotiated as required under this 29 subdivision. 30

 


 

s9 102 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for mediation 1 `Request `591.(1) At any time during the consultation and negotiation period, a 2 consultation and negotiation party may ask for mediation to help in 3 resolving issues relevant to the consultation and negotiation. 4 `(2) If a consultation and negotiation party asks for mediation under 5 subsection (1), mediation-- 6 (a) must be conducted by-- 7 (i) a mediator chosen by the consultation and negotiation 8 parties; or 9 (ii) if the consultation and negotiation parties are not able to 10 agree on a mediator and the party asks the tribunal to provide 11 the mediation--the tribunal, or a mediator chosen by the 12 tribunal; and 13 (b) does not extend the consultation and negotiation period; and 14 (c) may continue after the consultation and negotiation period has 15 ended if the consultation and negotiation parties agree; and 16 (d) may end at any time-- 17 (i) by decision of the mediator; or 18 (ii) by agreement of the consultation and negotiation parties. 19 for consultation and negotiation--applicant consultation 20 `Process `592.(1) This section states guidelines for applicant consultation under 21 this subdivision. 22 `(2) The consultation should start as soon as practicable after the 23 consultation and negotiation period starts. 24 `(3) The applicant should-- 25 (a) give each registered native title party for the non-exclusive land a 26 true copy of the application for the proposed mining lease (but not 27 the statement detailing the applicant's financial and technical 28 resources) and the endorsed certificate of application; and 29

 


 

s9 103 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) convene at least 1 meeting ("consultation meeting") to provide a 1 reasonable opportunity for all registered native title parties to be 2 given a presentation about the proposed mining lease. 3 `(4) A consultation meeting may be-- 4 (a) in the town or city where the mining registrar is located; or 5 (b) in a town or city in which there is an office of the representative 6 Aboriginal/Torres Strait Islander body for the area that includes 7 the non-exclusive land; or 8 (c) at another place agreed between the consultation and negotiation 9 parties. 10 `(5) Subject to subsection (4), a consultation meeting should be at a time 11 and place suitable for maximising attendance. 12 `(6) If the applicant has convened a consultation meeting under 13 subsection (3)(b), the meeting is taken to have happened even though not 14 all, or none, of the registered native title parties attended the meeting. 15 `(7) The presentation mentioned in subsection (3)(b) should be directed 16 at providing registered native title parties with an understanding of the 17 anticipated nature, extent and impact of the proposed mining lease. 18 `(8) Consultation under this section should be completed within 1 month 19 after the closing day (native title issues) for the proposed mining lease. 20 for consultation and negotiation--registered native title 21 `Process parties consultation 22 `593.(1) This section states the guidelines for registered native title party 23 consultation under this subdivision. 24 `(2) The consultation should be carried out as soon as practicable after the 25 applicant consultation has been completed. 26 `(3) Each registered native title party for the non-exclusive land should 27 advise the other consultation and negotiation parties about the impact the 28 party considers the proposed mining lease will have on the party's 29 registered native title rights and interests. 30

 


 

s9 104 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for consultation and negotiation--taking account of existing 1 `Process rights, interests and use 2 `594. Without limiting the scope of consultation and negotiation under 3 this subdivision, the nature and extent of the following may be taken into 4 account-- 5 (a) existing non-native title rights and interests in relation to the non- 6 exclusive land of persons, other than registered native title parties 7 for the non-exclusive land; 8 (b) existing use of the non-exclusive land by persons, other than the 9 registered native title parties for the non-exclusive land; 10 (c) the practical effect of the exercise of any existing non-native title 11 rights and interests mentioned in paragraph (a), and of the 12 existing use mentioned in paragraph (b), on the exercise of native 13 title rights and interests in relation to the non-exclusive land. 14 for consultation and negotiation--negotiated agreement with 15 `Process or without conditions attached 16 `595.(1) This section applies if a negotiated agreement is obtained, 17 whether or not the negotiated agreement includes conditions to be complied 18 with by the consultation and negotiation parties for the proposed mining 19 lease if the proposed mining lease is granted. 20 `(2) The consultation and negotiation parties must-- 21 (a) lodge a certificate in the approved form with the mining registrar 22 stating that a negotiated agreement has been obtained for the 23 proposed mining lease; and 24 (b) give a copy of the certificate to the tribunal. 25 `(3) When the approved form has been lodged under subsection (2), the 26 additional requirements provided for under this division stop applying to the 27 proposed mining lease. 28

 


 

s9 105 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for consultation and negotiation--negotiated agreement with 1 `Process conditions attached 2 `596.(1) This section applies if a negotiated agreement is obtained, and 3 the 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 during consultation and negotiation period 18 `Objection `597.(1) At any time during the consultation and negotiation period, a 19 registered native title party may lodge an objection to the proposed mining 20 lease on the ground that the granting of the proposed mining lease would 21 affect the party's registered native title rights and interests. 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 `(4) The registered native title party must also give a copy of the 30 objection, and all material accompanying the objection, to the other 31

 


 

s9 106 s9 Native Title (Queensland) State Provisions Amendment (No. 2) consultation and negotiation parties and the tribunal as soon as practicable 1 after the objection is lodged with the mining registrar. 2 `(5) At any time before a combined hearing is held for the proposed 3 mining lease, the registered native title party may withdraw the objection by 4 lodging with the mining registrar a written notice withdrawing the objection. 5 `(6) The registered native title party must also give a copy of the written 6 notice withdrawing the objection to the other consultation and negotiation 7 parties and the tribunal as soon as practicable after the withdrawal of the 8 objection is lodged with the mining registrar. 9 `(7) The registered native title party must withdraw the objection under 10 this section if at any time a negotiated agreement is obtained. 11 `(8) The registered native title party for the non-exclusive land may object 12 about the effect of the proposed mining lease on its registered native title 13 rights and interests only under this section, and may not object under 14 section 260.64 15 `(9) An objection lodged under this section, if it is not withdrawn, must 16 be heard by the tribunal in a combined hearing under subdivision 4. 17 `(10) However, the tribunal must not hear an objection if the objection 18 has not been made in compliance with this section. 19 4--Referral and native title issues decision 20 `Subdivision of proposed mining lease to tribunal 21 `Referral `598.(1) If the consultation and negotiation period has ended, but a 22 negotiated agreement has not been obtained, a consultation and negotiation 23 party for the proposed mining lease may, in the approved form lodged with 24 the tribunal, refer the proposed mining lease to the tribunal for a decision 25 under this division (a "native title issues decision"). 26 `(2) A copy of the approved form must also be given to the other 27 consultation and negotiation parties for the proposed mining lease. 28 64 Section 260 (Objection to grant of application for grant of mining lease)

 


 

s9 107 s9 Native Title (Queensland) State Provisions Amendment (No. 2) negotiation and mediation 1 `Continuing `599.(1) After the lodging of the approved form for a referral, the 2 consultation and negotiation parties for the proposed mining lease may 3 continue to negotiate, including through mediation, to achieve a negotiated 4 agreement before the native title issues decision is made. 5 `(2) If a negotiated agreement is achieved, the tribunal may not make a 6 native title issues decision. 7 of referral 8 `Withdrawal `600.(1) A consultation and negotiation party may at any time before the 9 native title issues decision is made withdraw its referral of the proposed 10 mining lease to the tribunal by-- 11 (a) giving a withdrawal of referral in the approved form to the 12 tribunal; and 13 (b) giving each other consultation and negotiation party a copy of the 14 withdrawal of referral. 15 `(2) Nothing in subsection (1) stops the consultation and negotiation 16 party who withdrew the referral, or any other consultation and negotiation 17 party, making another referral under this subdivision. 18 hearing 19 `Combined `601.(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);65 23 (b) the hearing for a native title issues decision, including the hearing 24 of any objections lodged under section 597. 25 `(2) The hearing mentioned in subsection (1) is a "combined hearing". 26 65 Section 268 (Hearing of application for grant of mining lease)

 


 

s9 108 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(3) The tribunal must not act under section 27066 to dispense with a 1 hearing, unless a negotiated agreement has been reached. 2 of date for combined hearing 3 `Fixing `602.(1) If the tribunal is required to fix under section 265 a hearing date 4 for the combined hearing, but there has not yet been a referral (other than a 5 referral that has been withdrawn) of the mining lease for a native title issues 6 decision, the tribunal may-- 7 (a) with the agreement of the applicant-- 8 (i) fix a hearing date for the application for the proposed mining 9 lease, and any objections to the application, under 10 section 26567 as if the hearing were not a combined hearing; 11 and 12 (ii) proceed with the hearing of the application for the proposed 13 mining lease, and any objections to the application, as if the 14 hearing were not a combined hearing; and 15 (iii) at an appropriate time-- 16 (A) adjourn the hearing under section 268(6);68 and 17 (B) as soon as practicable after the proposed mining lease is 18 referred to the tribunal for a native title issues decision, 19 reconvene the combined hearing; or 20 (b) fix a date for the combined hearing after the proposed mining 21 lease is referred to the tribunal for a native title issues decision. 22 `(2) If the proposed mining lease has been referred to the tribunal for a 23 native title issues decision, but the tribunal has not yet become required 24 under section 265 to fix a hearing date for the combined hearing, the 25 tribunal must fix a date for the combined hearing when the tribunal is able 26 to fix a date under section 265. 27 66 Section 270 (Procedure where no objections lodged) 67 Section 265 (Tribunal to fix hearing date) 68 Section 268 (Hearing of application for grant of mining lease)

 


 

s9 109 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Subdivision 5--Requirements for combined hearing 1 about conduct of combined hearing 2 `Directions `603. 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 proposed mining lease will have 10 on the party's registered native title rights and interests; 11 (c) submissions by any of the consultation and negotiation parties on 12 the matters the tribunal will be required to take into account for 13 making its native title issues decision. 14 of compliance with sdiv 3 15 `Issue `604.(1) If a consultation and negotiation party raises the issue of 16 whether another consultation and negotiation party has complied with 17 subdivision 3, including with the requirement for negotiation, the issue 18 must be dealt with as a part of the combined hearing for the application for 19 the grant of the proposed mining lease. 20 `(2) If at the combined hearing the tribunal is not satisfied that the 21 applicant or the State has complied with subdivision 3, including with the 22 requirement for negotiation, it may adjourn the combined hearing to allow 23 for the subdivision to be complied with by all the consultation and 24 negotiation parties. 25 `(3) Any single adjournment under subsection (2) may only be for a 26 maximum period of 3 months. 27 `(4) If the tribunal is satisfied that a registered native title party did not 28 comply with subdivision 3, including with the requirement for negotiation, 29 the tribunal may not adjourn the combined hearing on that ground alone. 30

 


 

s9 110 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(5) However, the tribunal may take the failure of the registered native 1 title party to comply into account in making its native title issues decision. 2 of native title issues decision 3 `Nature `605.(1) The native title issues decision must be 1 of the following-- 4 (a) that the proposed mining lease may be granted; 5 (b) that the proposed mining lease may be granted, but subject to 6 either or both of the following-- 7 (i) that conditions, described or identified in the native title 8 issues decision, are to be included in the mining lease; 9 (ii) that conditions ("contract conditions"), described or 10 identified in the native title issues decision, are required to be 11 complied with by 1 or more of the consultation and 12 negotiation parties (even though the conditions are not 13 included in the mining lease); 14 (c) that the proposed mining lease should not be granted. 15 `(2) A native title issues decision may include a condition, whether or not 16 a contract condition, that an amount is to be held in trust for compensation 17 until it is dealt with under part 18.69 18 `(3) A native title issues decision may not include a condition, whether or 19 not a contract condition, that has the effect that a registered native title party 20 is entitled to payments from the applicant worked out by reference to-- 21 (a) the amount of profits to be made under the proposed mining 22 lease; 23 (b) the amount of any income to be derived under the proposed 24 mining lease; 25 (c) anything to be produced under the proposed mining lease. 26 69 Part 18 (Compensation)

 


 

s9 111 s9 Native Title (Queensland) State Provisions Amendment (No. 2) of native title issues decision 1 `Overruling `606.(1) The Minister may overrule the native title issues decision only 2 if-- 3 (a) the Minister principally responsible for indigenous affairs is 4 consulted; and 5 (b) the consultation is taken into account; and 6 (c) it is in the interests of Queensland to overrule the native title 7 issues decision; and 8 (d) the Minister overrules the decision within 2 months after the 9 native titles issues decision is made. 10 `(2) If the Minister overrules the native title issues decision, the Minister 11 must make a substituted decision, and the substituted decision has effect as 12 the native title issues decision. 13 `(3) The Minister must give a copy of the substituted decision to the 14 tribunal and the consultation and negotiation parties. 15 `(4) In this section-- 16 "in the interests of Queensland" includes-- 17 (a) for the social or economic benefit of Queensland (including of 18 Aboriginal peoples and Torres Strait Islanders); and 19 (b) in the interests of the relevant region or locality in Queensland. 20 of native title issues decision 21 `Effect `607.(1) If the native title issues decision is that the proposed mining 22 lease may be granted, the tribunal is not stopped from recommending under 23 section 269 that the application for the proposed mining lease should be 24 granted. 25 `(2) If the native title issues decision is that the proposed mining lease 26 may be granted, but subject to conditions to be included in the mining 27 lease-- 28 (a) the tribunal is not stopped from recommending under section 269 29 that the application for the proposed mining lease should be 30

 


 

s9 112 s9 Native Title (Queensland) State Provisions Amendment (No. 2) granted, if the recommendation includes a recommendation that 1 the proposed mining lease be granted subject to the conditions; 2 and 3 (b) the Minister is not stopped from recommending to the Governor 4 in Council under section 27170 that the proposed mining lease be 5 granted, if the recommendation includes a recommendation that 6 the proposed mining lease be granted subject to the conditions. 7 `(3) If the native title issues decision is that the proposed mining lease 8 may be granted subject to contract conditions, the tribunal is not stopped 9 from recommending under section 269 that the application for the proposed 10 mining lease should be granted. 11 `(4) If the native title issues decision 71 is that the proposed mining lease 12 should not be granted-- 13 (a) the tribunal must not recommend under section 269 that the 14 application for the proposed mining lease should be granted; and 15 (b) the Minister must not recommend to the Governor in Council 16 under section 27172 that the proposed mining lease be granted. 17 `(5) A contract condition has effect, in addition to any effect that it may 18 have other than under this subsection, as if it were included in the terms of a 19 contract among the consultation and negotiation parties. 20 `(6) If a consultation and negotiation party is a registered native title 21 claimant, any individual included in the native title claim group concerned is 22 a party to the contract. 23 native title issues decision 24 `Tribunal's `608.(1) In making its native title issues decision, the tribunal must take 25 70 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 71 The native title issues decision could be the decision of the tribunal, or it could be the substituted decision of the Minister after an overruling of the tribunal's decision. 72 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease)

 


 

s9 113 s9 Native Title (Queensland) State Provisions Amendment (No. 2) into account the effect of the proposed mining lease on-- 1 (a) the enjoyment by the registered native title parties of their 2 registered native title rights and interests; and 3 (b) the economic or other significance of the proposed mining lease 4 to the following-- 5 (i) Australia; 6 (ii) Queensland; 7 (iii) the region; 8 (iv) the inhabitants of the area in which the land the subject of the 9 proposed mining lease is located. 10 (2) In taking into account the matters mentioned in subsection (1), the 11 tribunal may also consider the effect of the proposed mining lease on-- 12 (a) the way of life, culture, traditions and economic interests of any 13 of the registered native title parties; and 14 (b) the freedom of access by any of the registered native title parties 15 to the non-exclusive land; and 16 (c) the carrying out, by any of the registered native title parties, of 17 rites, ceremonies or other activities of cultural significance, on the 18 non-exclusive land, in accordance with their traditions; and 19 (d) any area or site of particular significance to the registered native 20 title parties in accordance with their traditions, that is located on 21 the non-exclusive land; and 22 (e) any other matter the tribunal considers relevant. 23 `(3) In deciding the effect of the proposed mining lease on the matter 24 mentioned in subsection (1)(a), the tribunal must also take into account the 25 nature and extent of-- 26 (a) existing non-native title rights and interests in relation to the non- 27 exclusive land of persons other than the registered native title 28 parties; and 29 (b) existing use of the land by persons other than the registered native 30 title parties. 31

 


 

s9 114 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(4) In complying with subsections (1) to (3), the tribunal must take into 1 account the content of all objections lodged under this division to the 2 granting of the proposed mining lease, and any other documents lodged or 3 filed under this division. 4 `(5) Taking into account the effect of the proposed mining lease on an 5 area or site mentioned in subsection (2)(d) does not affect the operation of 6 any law of the State for the preservation or protection of those areas or sites. 7 `(6) Before making the native title issues decision-- 8 (a) the tribunal must find out whether there are any issues relevant to 9 its decision on which the consultation and negotiation parties 10 agree; and 11 (b) if there are agreed issues under paragraph (a), and all the 12 consultation and negotiation parties consent--the tribunal, in 13 making its native title issues decision-- 14 (i) must take the agreed issues into account; and 15 (ii) need not take into account the matters mentioned in 16 subsection (1), and need not consider the matters mentioned 17 in subsection (2), to the extent the matters relate to the agreed 18 issues. 19 matters 20 `Deferred `609.(1) As well as making the native title issues decision, the tribunal 21 may make a decision about matters (the "deferred matters") that-- 22 (a) were the subject of consultation and negotiation in the 23 consultation and negotiation period for the proposed mining lease; 24 and 25 (b) under an agreement that includes all the consultation and 26 negotiation parties, are to be the subject of further consultation 27 and negotiation, or are to be decided in a way stated in the 28 decision under this section; and 29 (c) are not reasonably capable of being decided when the native title 30 issues decision is made; and 31 (d) are not directly relevant to the native title issues decision. 32

 


 

s9 115 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) The tribunal must give a copy of its decision under this section to-- 1 (a) the consultation and negotiation parties; and 2 (b) if the State is not a consultation and negotiation party, the mining 3 registrar. 4 `(3) The tribunal's decision under this section about the deferred matters 5 is binding on all the consultation and negotiation parties. 6 `(4) If-- 7 (a) the decision under this section is that the deferred matters are to 8 be decided by arbitration; and 9 (b) after the decision is made, the consultation and negotiation parties 10 can not agree on the way the arbitration is to take place; 11 the tribunal, on the application of a consultation and negotiation party, has 12 jurisdiction to decide the deferred matters. 13 time requirement for making native title issues decision 14 `General `610.(1) The tribunal must take all reasonable steps to make sure that the 15 native title issues decision is made within 4 months after the proposed 16 mining lease is referred to the tribunal for the decision. 17 `(2) If the native title issues decision is not made within the 4 months, the 18 tribunal must, as soon as practicable after the 4 months ends, give a written 19 notice to the Minister-- 20 (a) advising why the native title issues decision has not yet been 21 made; and 22 (b) giving an estimate of when the decision is likely to be made. 23

 


 

s9 116 s9 Native Title (Queensland) State Provisions Amendment (No. 2) 4--Other mining leases not on alternative provision areas 1 `Division `Subdivision 1--Preliminary 2 of div 4 3 `Application `611.(1) This division states additional requirements that apply for the 4 granting of a proposed mining lease over non-exclusive land under part 7, 5 other than a surface alluvium (gold or tin) mining lease. 6 `(2) The additional requirements do not apply for the non-exclusive land 7 that is an alternative provision area unless, under section 579(4), the 8 additional requirements in this division are applied instead of the additional 9 requirements in division 3. 10 for div 4 11 `Definitions `612. In this division-- 12 "applicant" means the applicant for the proposed mining lease. 13 "closing day (native title issues)", for the proposed mining lease, see 14 section 614(3). 15 "compensation provisions" see part 18. 16 "combined hearing", for the proposed mining lease, see section 633. 17 "consultation and negotiation parties", for the proposed mining lease, 18 see section 619(1). 19 "consultation and negotiation period", for the proposed mining lease, 20 means the period described in section 620. 21 "contract condition" see section 637(1). 22 "Minister's decision" see section 644. 23 "notification day (native title issues)", for the proposed mining lease, 24 see section 614(2). 25 "negotiated agreement", for the proposed mining lease, 26 see section 621(1). 27

 


 

s9 117 s9 Native Title (Queensland) State Provisions Amendment (No. 2) "native title issues decision" see section 630(1). 1 "registered native title party", for the proposed mining lease, see 2 section 615. 3 "urgency notice" see section 643. 4 2--Notification and registration requirements 5 `Subdivision to notify 6 `Requirement `613.(1) The applicant must give a written notice about the proposed 7 mining lease to-- 8 (a) all native title notification parties for the non-exclusive land; and 9 (b) the mining registrar for the land the subject of the proposed 10 mining lease. 11 `(2) The applicant must also make sure that a public notice, containing 12 the substance of the written notice mentioned in subsection (1), is published 13 in-- 14 (a) a newspaper circulating generally in the area of the land the 15 subject of the proposed mining lease; and 16 (b) a relevant special interest publication. 17 `(3) The written notice must be given under subsection (1), and the 18 public notice must be published under subsection (2)-- 19 (a) not earlier than 3 months before the application for the proposed 20 mining lease is lodged; and 21 (b) not later than-- 22 (i) the end of the period of 28 days after the certificate of 23 application for the proposed mining lease is endorsed by the 24 mining registrar under section 252(2);73 25 (ii) if the mining registrar decides a longer period under 26 section 252(7)--the end of the longer period; 27 73 Section 252 (Certificate of application etc.)

 


 

s9 118 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (iii) if, under section 616(3), the mining registrar decides that the 1 written notice has not been given as required under this 2 subdivision, and decides a further period for the giving of 3 the written notice--the end of the further period. 4 `(4) The written notice may be about more than 1 proposed mining lease. 5 of written notice 6 `Content `614.(1) The written notice must state the following-- 7 (a) the following days for the proposed mining lease-- 8 (i) the notification day (native title issues) 9 (ii) the closing day (native title issues); 10 (b) how a person may become a registered native title party for the 11 proposed mining lease; 12 (c) that registered native title parties have a right-- 13 (i) to be consulted about the proposed mining lease74; and 14 (ii) to object to the granting of the proposed mining lease75; and 15 (iii) to negotiate with a view to reaching agreement about the 16 granting of the proposed mining lease;76 17 (d) a clear description of the non-exclusive land; 18 (e) a description of the nature of the proposed mining lease; 19 (f) whether an election has been made to apply this division to an 20 alternative provision area; 21 (g) that the proposed mining lease, if granted, will be granted by the 22 Governor in Council; 23 74 See sections 619 (Parties to consultation and negotiation) and 621 (Requirement for consultation and for negotiation in good faith) 75 See section 629 (Objection during consultation and negotiation period) 76 See section 621 (Requirement for consultation and for negotiation in good faith)

 


 

s9 119 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (h) 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 the persons to whom 6 it is to be given, and 7 (b) the public notice containing the substance of the written notice 8 will have come to the attention of the persons to whom the public 9 notice is directed. 10 `(3) The "closing day (native title issues)" must be a day at least 3 11 months after the notification day (native title issues). 12 a registered native title party 13 `Becoming `615. Each of the following is a "registered native title party" for the 14 proposed mining lease-- 15 (a) a body corporate that, on or before the closing day (native title 16 issues), is a registered native title body corporate in relation to the 17 land affected by the proposed mining lease; 18 (b) a body corporate that becomes a registered native title body 19 corporate in relation to the land affected by the proposed mining 20 lease-- 21 (i) after the closing day (native title issues); and 22 (ii) as a result of a claim that was entered on the register of 23 native title claims on or before the closing day (native title 24 issues); 25 (c) a person who-- 26

 


 

s9 120 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (i) files a native title determination application in the Federal 1 Court on or before the closing day (native title issues) for the 2 proposed mining lease;77 and 3 (ii) becomes a registered native title claimant in relation to the 4 land affected by the proposed mining lease within 1 month 5 after the closing day (native title issues) for the proposed 6 mining lease. 7 to mining registrar 8 `Advice `616.(1) As soon as practicable after the closing day (native title issues) 9 for the proposed mining lease, the applicant must give the mining 10 registrar-- 11 (a) a statutory declaration in the approved form-- 12 (i) declaring as to the applicant's compliance with the 13 requirements of sections 613 and 614; and 14 (ii) attaching copies of the written notice given, and the public 15 notice published, under section 613; and 16 (b) the names and addresses of-- 17 (i) all registered native title parties for the non-exclusive land as 18 at the closing day (native title issues); and 19 (ii) all native title claimants who may become registered native 20 title parties for the non-exclusive land. 21 `(2) As soon as practicable after the end of 1 month after the closing day 22 (native title issues) for the proposed mining lease, the applicant must give 23 the mining registrar the names and addresses of all persons who have 24 become registered native title parties for the non-exclusive land in the 25 month. 26 77 Section 61 of the Commonwealth Native Title Act sets out details about native title determination applications.

 


 

s9 121 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(3) If the mining registrar decides that the written notice has not been 1 given as required under sections 613 and 614, the mining registrar may 2 decide a further period for the giving of the written notice.78 3 of additional requirements if notice of non-objection lodged 4 `Ending `617. The additional requirements provided for under this division stop 5 applying for the proposed mining lease if after the closing day (native title 6 issues)-- 7 (a) there are no registered native title parties for the non-exclusive 8 land, and no native title claimants who may become registered 9 native title parties for the non-exclusive land; or 10 (b) the following persons certify in the approved form lodged with 11 the mining registrar that they do not object to the grant of the 12 proposed mining lease and do not wish to be consulted about it-- 13 (i) all registered native title parties for the non-exclusive land; 14 (ii) if 1 month after the closing day (native title issues) has not 15 expired, all native title claimants who may become registered 16 native title parties for the non-exclusive land. 17 in consultation and negotiation of potential registered 18 `Participation native title party 19 `618. For applying the additional requirements provided for in this 20 division in the first month after the closing day (native title issues) for the 21 proposed mining lease, a reference to a registered native title party includes 22 a native title claimant who may become a registered native title party for the 23 non-exclusive land. 24 78 Section 266 (Mining registrar may recommend rejection of application for noncompliance) provides for recommending rejection of an application for noncompliance with requirements placed on the applicant by this Act, and section 267 (Minister may reject application at any time) allows the Minister to reject an application, including for noncompliance.

 


 

s9 122 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Subdivision 3--Consultation and negotiation 1 to consultation and negotiation 2 `Parties `619.(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 for the non-exclusive land; 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 all 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 all the consultation and negotiation parties at any time agree, 15 in the approved form lodged with the mining registrar, that the State is to 16 take 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 and negotiation period 20 `Consultation `620.(1) The "consultation and negotiation period" for the proposed 21 mining lease starts on the later of the following-- 22 (a) the closing day (native title issues) for the proposed mining lease; 23 (b) the day the mining registrar endorses the certificate of application 24 under section 252(2).79 25 `(2) The "consultation and negotiation period" for the proposed 26 mining lease ends-- 27 79 Section 252 (Certificate of application etc.)

 


 

s9 123 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) if paragraph (b) does not apply--3 months after the period starts; 1 or 2 (b) if the consultation and negotiation parties agree on a time, which 3 must be later than the time that would otherwise apply under 4 paragraph (a), and advise the mining registrar in writing of the 5 agreed later time--at the agreed later time. 6 `(3) However, if an environmental impact statement is completed under 7 part 7 for the proposed mining lease, the consultation and negotiation period 8 for the proposed mining lease ends on the later of the following-- 9 (a) 3 months after the day the mining registrar displays the notice 10 about the environmental impact statement at the mining 11 registrar's office under section 264(3);80 12 (b) if the registered native title parties for the non-exclusive land and 13 the applicant agree on a time, which must be later than the time 14 that would otherwise apply under paragraph (a), and advise the 15 mining registrar in writing of the agreed later time--at the agreed 16 later time. 17 for consultation and negotiation in good faith 18 `Requirement `621.(1) In the consultation and negotiation period, the consultation and 19 negotiation parties for the proposed mining lease must consult and negotiate 20 in good faith with a view to obtaining the agreement of each of the 21 registered native title parties for the non-exclusive land (a "negotiated 22 agreement") to-- 23 (a) the granting of the proposed mining lease; and 24 (b) any conditions to be complied with by the consultation and 25 negotiation parties if the proposed mining lease is granted. 26 `(2) Also, as part of the consultation and negotiation-- 27 (a) the applicant-- 28 (i) must consult the registered native title parties about ways of 29 minimising the impact of the proposed mining lease on 30 80 Section 264 (What happens after environmental impact statement is prepared?)

 


 

s9 124 s9 Native Title (Queensland) State Provisions Amendment (No. 2) registered native title rights and interests in relation to the 1 non-exclusive land, including about-- 2 (A) any access to the land; and 3 (B) the way in which anything authorised by the proposed 4 mining lease might be done; and 5 (ii) for the consultation, must have regard to the guidelines set 6 out in this subdivision for applicant consultation; and 7 (b) the registered native title parties-- 8 (i) must consult the other consultation and negotiation parties 9 about the effect of the proposed mining lease on their 10 registered native title rights and interests; and 11 (ii) for the consultation, must have regard to the guidelines set 12 out in this subdivision for registered native title party 13 consultation. 14 of negotiation in good faith 15 `Content `622.(1) Subsections (3) to (5) apply for the requirement under this 16 subdivision to negotiate in good faith. 17 `(2) However, subject to those subsections, this subdivision does not 18 limit the requirements that apply for negotiation in good faith. 19 `(3) A consultation and negotiation party does not negotiate in good faith 20 if the party does not make every reasonable effort to reach agreement. 21 `(4) To negotiate in good faith, a consultation and negotiation party is not 22 required to negotiate about issues unrelated or unconnected to the proposed 23 mining lease. 24 `(5) A consultation and negotiation party is not required to negotiate 25 about matters unrelated to the impact of the proposed mining lease on the 26 registered native title rights and interests of registered native title parties. 27 `(6) The failure of 1 consultation and negotiation party to negotiate in 28 good faith can not be used to establish that another consultation and 29 negotiation party has not negotiated in good faith. 30

 


 

s9 125 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for mediation 1 `Request `623.(1) At any time during the consultation and negotiation period, a 2 consultation and negotiation party may ask for mediation to help in 3 resolving issues relevant to the consultation and negotiation. 4 `(2) If a consultation and negotiation party asks for mediation under 5 subsection (1), mediation-- 6 (a) must be conducted by-- 7 (i) a mediator chosen by the consultation and negotiation 8 parties; or 9 (ii) if the consultation and negotiation parties are not able to 10 agree on a mediator and the party asks the tribunal to provide 11 the mediation--the tribunal, or a mediator chosen by the 12 tribunal; and 13 (b) does not extend the consultation and negotiation period; and 14 (c) may continue after the consultation and negotiation period has 15 ended if the consultation and negotiation parties agree; and 16 (d) may end at any time-- 17 (i) by decision of the mediator; or 18 (ii) by agreement of the consultation and negotiation parties. 19 for consultation and negotiation--applicant consultation 20 `Process `624.(1) This section states guidelines for applicant consultation under 21 this subdivision. 22 `(2) The consultation should start as soon as practicable after the 23 consultation and negotiation period starts. 24 `(3) The applicant should-- 25 (a) give each registered native title party for the non-exclusive land a 26 true copy of the application for the proposed mining lease (but not 27 the statement detailing the applicant's financial and technical 28 resources) and the endorsed certificate of application; and 29

 


 

s9 126 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) convene at least 1 meeting ("consultation meeting") to provide a 1 reasonable opportunity for all registered native title parties to be 2 given a presentation about the proposed mining lease. 3 `(4) A consultation meeting may be-- 4 (a) in the town or city where the mining registrar is located; or 5 (b) in a town or city in which there is an office of the representative 6 Aboriginal/Torres Strait Islander body for the area that includes 7 the non-exclusive land; or 8 (c) at another place agreed between the consultation and negotiation 9 parties. 10 `(5) Subject to subsection (4), a consultation meeting should be at a time 11 and place suitable for maximising attendance. 12 `(6) If the applicant has convened a consultation meeting under 13 subsection (3)(b), the meeting is taken to have happened even though not 14 all, or none, of the registered native title parties attended the meeting. 15 `(7) The presentation mentioned in subsection (3)(b) should be directed 16 at providing registered native title parties with an understanding of the 17 anticipated nature, extent and impact of the proposed mining lease. 18 `(8) Consultation under this section should be completed within 1 month 19 after the closing day (native title issues) for the proposed mining lease. 20 for consultation and negotiation--registered native title 21 `Process parties consultation 22 `625.(1) This section states the guidelines for registered native title party 23 consultation under this subdivision. 24 `(2) The consultation should be carried out as soon as practicable after the 25 applicant consultation has been completed. 26 `(3) Each registered native title party for the non-exclusive land should 27 advise the other consultation and negotiation parties about the impact the 28 party considers the proposed mining lease will have on the party's 29 registered native title rights and interests. 30

 


 

s9 127 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for consultation and negotiation--taking account of existing 1 `Process rights, interests and use 2 `626. Without limiting the scope of consultation and negotiation under 3 this subdivision, the nature and extent of the following may be taken into 4 account-- 5 (a) existing non-native title rights and interests in relation to the non- 6 exclusive land of persons other than registered native title parties 7 for the non-exclusive land; 8 (b) existing use of the non-exclusive land by persons other than 9 registered native title parties for the non-exclusive land; 10 (c) the practical effect of the exercise of any existing non-native title 11 rights and interests mentioned in paragraph (a), and of the 12 existing use mentioned in paragraph (b), on the exercise of native 13 title rights and interests in relation to the non-exclusive land. 14 for consultation and negotiation--negotiated agreement with 15 `Process or without conditions attached 16 `627.(1) This section applies if a negotiated agreement is obtained, 17 whether or not the negotiated agreement includes conditions to be complied 18 with by the consultation and negotiation parties for the proposed mining 19 lease if the proposed mining lease is granted. 20 `(2) The consultation and negotiation parties must-- 21 (a) lodge a certificate in the approved form with the mining registrar 22 stating that a negotiated agreement has been obtained for the 23 proposed mining lease; and 24 (b) give a copy of the certificate to the tribunal. 25 `(3) When the approved form has been lodged under subsection (2), the 26 additional requirements provided for under this division stop applying to the 27 proposed mining lease. 28

 


 

s9 128 s9 Native Title (Queensland) State Provisions Amendment (No. 2) for consultation and negotiation--negotiated agreement with 1 `Process conditions attached 2 `628.(1) This section applies if a negotiated agreement is obtained, and 3 the 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 during consultation and negotiation period 18 `Objection `629.(1) At any time during the consultation and negotiation period, a 19 registered native title party may lodge an objection to the proposed mining 20 lease on the ground that the granting of the proposed mining lease would 21 affect the party's registered native title rights and interests. 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 `(4) The registered native title party must also give a copy of the 30 objection, and all material accompanying the objection, to the other 31

 


 

s9 129 s9 Native Title (Queensland) State Provisions Amendment (No. 2) consultation and negotiation parties and the tribunal as soon as practicable 1 after the objection is lodged with the mining registrar. 2 `(5) At any time before a combined hearing is held for the proposed 3 mining lease, the registered native title party may withdraw the objection by 4 lodging with the mining registrar a written notice withdrawing the objection. 5 `(6) The registered native title party must also give a copy of the written 6 notice withdrawing the objection to the other consultation and negotiation 7 parties and the tribunal as soon as practicable after the withdrawal of the 8 objection is lodged with the mining registrar. 9 `(7) The registered native title party must withdraw the objection under 10 this section if at any time a negotiated agreement is obtained. 11 `(8) The registered native title party for the non-exclusive land may object 12 about the effect of the proposed mining lease on its registered native title 13 rights and interests only under this section, and may not object under 14 section 26081. 15 `(9) An objection lodged under this section, if it is not withdrawn, must 16 be heard by the tribunal in a combined hearing under subdivision 4. 17 `(10) However, the tribunal must not hear an objection if the objection 18 has not been made in compliance with this section. 19 4--Referral and native title issues decision 20 `Subdivision of proposed mining lease to tribunal 21 `Referral `630.(1) If the consultation and negotiation period has ended, but a 22 negotiated agreement has not been obtained, a consultation and negotiation 23 party for the proposed mining lease may, in the approved form lodged with 24 the tribunal, refer the proposed mining lease to the tribunal for a decision 25 under this division (a "native title issues decision"). 26 `(2) A copy of the approved form must also be given to the other 27 consultation and negotiation parties for the proposed mining lease. 28 81 Section 260 (Objection to grant of application for grant of mining lease)

 


 

s9 130 s9 Native Title (Queensland) State Provisions Amendment (No. 2) negotiation and mediation 1 `Continuing `631.(1) After the lodging of the approved form for a referral, the 2 consultation and negotiation parties for the proposed mining lease may 3 continue to negotiate, including through mediation, to achieve a negotiated 4 agreement before the native title issues decision is made. 5 `(2) If a negotiated agreement is achieved, the tribunal may not make a 6 native title issues decision. 7 of referral 8 `Withdrawal `632.(1) A consultation and negotiation party may at any time before the 9 native title issues decision is made withdraw its referral of the proposed 10 mining lease to the tribunal by-- 11 (a) giving a withdrawal of referral in the approved form to the 12 tribunal; and 13 (b) giving each other consultation and negotiation party a copy of the 14 withdrawal of referral. 15 `(2) Nothing in subsection (1) stops the consultation and negotiation 16 party who withdrew the referral, or any other consultation and negotiation 17 party, making another referral under this subdivision. 18 hearing 19 `Combined `633.(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);82 23 (b) the hearing for a native title issues decision, including the hearing 24 of any objections lodged under section 629. 25 `(2) The hearing mention in subsection (1) is a "combined hearing". 26 82 Section 268 (Hearing of application for grant of mining lease)

 


 

s9 131 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(3) The tribunal must not act under section 27083 to dispense with a 1 hearing, unless a negotiated agreement has been reached. 2 of date for combined hearing 3 `Fixing `634.(1) If the tribunal is required under section 265 to fix a hearing date 4 for the combined hearing, but there has not yet been a referral (other than a 5 referral that has been withdrawn) of the mining lease for a native title issues 6 decision, the tribunal may-- 7 (a) with the agreement of the applicant-- 8 (i) fix a hearing date for the application for the proposed mining 9 lease, and any objections to the application, under 10 section 26584 as if the hearing was not a combined hearing; 11 and 12 (ii) proceed with the hearing of the application for the proposed 13 mining lease, and any objections to the application, as if the 14 hearing was not a combined hearing; and 15 (iii) at an appropriate time-- 16 (A) adjourn the hearing under section 268(6);85 and 17 (B) as soon as practicable after the proposed mining lease is 18 referred to the tribunal for a native title issues decision, 19 reconvene the combined hearing; or 20 (b) fix a date for the combined hearing after the proposed mining 21 lease is referred to the tribunal for a native title issues decision. 22 `(2) If the proposed mining lease has been referred to the tribunal for a 23 native title issues decision, but the tribunal has not yet become required 24 under section 265 to fix a hearing date for the combined hearing, the 25 tribunal must fix a date for the combined hearing when the tribunal is able 26 to fix a date under section 265. 27 83 Section 270 (Procedure where no objections lodged) 84 Section 265 (Tribunal to fix hearing date) 85 Section 268 (Hearing of application for grant of mining lease)

 


 

s9 132 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `Subdivision 5--Requirements for combined hearing 1 about conduct of combined hearing 2 `Directions `635. 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, setting 9 out the effect the party considers the proposed mining lease will 10 have on the party's registered native title rights and interests; 11 (c) submissions by any of the consultation and negotiation parties on 12 the matters the tribunal will be required to take into account for 13 making its native title issues decision. 14 of negotiation in good faith 15 `Issue `636.(1) If a consultation and negotiation party raises the issue of 16 whether another consultation and negotiation party has complied with 17 subdivision 3, including with the requirement for negotiation in good faith, 18 the issue must be dealt with as a part of the combined hearing for the 19 application for the grant of the proposed mining lease. 20 `(2) If at the combined hearing the tribunal is not satisfied that the 21 applicant or the State has complied with subdivision 3, including with the 22 requirement for negotiation in good faith, it may adjourn the combined 23 hearing to allow for the subdivision to be complied with by all the 24 consultation and negotiation parties. 25 `(3) Any single adjournment under subsection (2) may only be for a 26 maximum period of 3 months. 27 `(4) If the tribunal is satisfied that a registered native title party did not 28 comply with subdivision 3, including with the requirement for negotiation 29 in good faith, the tribunal may not adjourn the combined hearing on that 30

 


 

s9 133 s9 Native Title (Queensland) State Provisions Amendment (No. 2) ground alone, but it may take the failure to comply into account in making 1 its native title issues decision. 2 of native title issues decision 3 `Nature `637.(1) The native title issues decision must be 1 of the following-- 4 (a) that the proposed mining lease may be granted; 5 (b) that the proposed mining lease may be granted, but subject to 6 either or both of the following-- 7 (i) that conditions, described or identified in the native title 8 issues decision, are to be included in the mining lease; 9 (ii) that conditions ("contract conditions"), described or 10 identified in the native title issues decision, are required to be 11 complied with by 1 or more of the consultation and 12 negotiation parties (even though the conditions are not 13 included in the mining lease); 14 (c) that the proposed mining lease should not be granted. 15 `(2) A native title issues decision may include a condition, whether or not 16 a contract condition, that an amount is to be held in trust for compensation 17 until it is dealt with under part 18. 18 `(3) A native title issues decision may not include a condition, whether or 19 not a contract condition, that has the effect that a registered native title party 20 is entitled to payments from the applicant worked out by reference to-- 21 (a) the amount of profits to be made under the proposed mining 22 lease; 23 (b) the amount of any income to be derived under the proposed 24 mining lease; 25 (c) anything to be produced under the proposed mining lease. 26 of native title issues decision 27 `Overruling `638.(1) The Minister may overrule the native title issues decision only 28 if-- 29

 


 

s9 134 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) it is in the interests of Queensland to overrule the native title 1 issues decision; and 2 (b) the Minister overrules the decision within 2 months after the 3 native titles issues decision is made. 4 `(2) If the Minister overrules the native title issues decision, the Minister 5 must make a substituted decision, and the substituted decision has effect as 6 the native title issues decision. 7 `(3) The Minister must give a copy of the substituted decision to the 8 tribunal and the consultation and negotiation parties. 9 `(4) In this section-- 10 "in the interests of Queensland" includes-- 11 (a) for the social or economic benefit of Queensland (including of 12 Aboriginal peoples and Torres Strait Islanders); and 13 (b) in the interests of the relevant region or locality in Queensland. 14 of native title issues decision 15 `Effect `639.(1) If the native title issues decision is that the proposed mining 16 lease may be granted, the tribunal is not stopped from recommending under 17 section 269 that the application for the proposed mining lease should be 18 granted. 19 `(2) If the native title issues decision is that the proposed mining lease 20 may be granted, but subject to conditions to be included in the mining 21 lease-- 22 (a) the tribunal is not stopped from recommending under section 269 23 that the application for the proposed mining lease should be 24 granted, if the recommendation includes a recommendation that 25 the proposed mining lease be granted subject to the conditions; 26 and 27

 


 

s9 135 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) the Minister is not stopped from recommending to the Governor 1 in Council under section 27186 that the proposed mining lease be 2 granted, if the recommendation includes a recommendation that 3 the proposed mining lease be granted subject to the conditions. 4 (3) If the native title issues decision is that the proposed mining lease 5 may be granted subject to contract conditions, the tribunal is not stopped 6 from recommending under section 269 that the application for the proposed 7 mining lease should be granted. 8 `(4) If the native title issues decision 87 is that the proposed mining lease 9 should not be granted-- 10 (a) the tribunal must not recommend under section 269 that the 11 application for the proposed mining lease should be granted; and 12 (b) the Minister must not recommend to the Governor in Council 13 under section 27188 that the proposed mining lease be granted. 14 `(5) A contract condition has effect, in addition to any effect that it may 15 have other than under this subsection, as if it were included in the terms of a 16 contract among the consultation and negotiation parties. 17 `(6) 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 native title issues decision 21 `Tribunal's `640.(1) In making its native title issues decision, the tribunal must take 22 into account the following-- 23 (a) the effect of the proposed mining lease on-- 24 (i) the enjoyment by the registered native title parties of their 25 86 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 87 The native title issues decision could be the decision of the tribunal, or it could be the substituted decision of the Minister after an overruling of the tribunal's decision. 88 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease)

 


 

s9 136 s9 Native Title (Queensland) State Provisions Amendment (No. 2) registered native title rights and interests; and 1 (ii) the way of life, culture and traditions of any of the registered 2 native title parties; and 3 (iii) the development of social, cultural and economic structures 4 of any of the registered native title parties; and 5 (iv) the freedom of access by any of the registered native title 6 parties to the non-exclusive land; and 7 (v) the freedom of any of the registered native title parties to 8 carry out rites, ceremonies or other activities of cultural 9 significance on the non-exclusive land in accordance with 10 their traditions; and 11 (vi) any area or site on the non-exclusive land of particular 12 significance to the registered native title parties in accordance 13 with their traditions; 14 (b) the interests, proposals, opinions or wishes of the registered 15 native title parties in relation to the management, use or control of 16 land in relation to which there are registered native title rights and 17 interests of the registered native title parties that will be affected 18 by the proposed mining lease; 19 (c) the economic or other significance of the proposed mining lease 20 to Australia, Queensland, the area in which the non-exclusive land 21 is located and Aboriginal peoples and Torres Strait Islanders who 22 live in the area; 23 (d) any public interest in the granting of the proposed mining lease; 24 (e) any other matter the tribunal considers relevant. 25 `(2) In deciding the effect of the proposed mining on the matters 26 mentioned in subsection (1)(a), the tribunal must also take into account the 27 nature and extent of-- 28 (a) existing non-native title rights and interests in relation to the non- 29 exclusive land; and 30 (b) existing use of the land or waters by persons other than registered 31 native title parties. 32

 


 

s9 137 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(3) In complying with subsections (1) and (2) the tribunal must take into 1 account all objections lodged under this division to the granting of the 2 proposed mining lease, and any other documents lodged or filed under this 3 division. 4 `(4) Taking into account of the proposed mining lease on an area or site 5 mentioned in subsection (1)(a)(v) does not affect the operation of any law 6 of the State for the preservation or protection of those areas or sites. 7 `(5) Before making the native title issues decision-- 8 (a) the tribunal must find out whether there are any issues relevant to 9 its decision on which the consultation and negotiation parties 10 agree; and 11 (b) if there are agreed issues under paragraph (a), and all the 12 consultation and negotiation parties consent--the tribunal, in 13 making its native title issues decision-- 14 (i) must take the agreed issues into account; and 15 (ii) need not take into account the matters mentioned in 16 subsection (1)(a) to (e) to the extent the matters relate to the 17 agreed issues. 18 matters 19 `Deferred `641.(1) As well as making the native title issues decision, the tribunal 20 may make a decision about matters (the "deferred matters") that-- 21 (a) were the subject of negotiation in the consultation and negotiation 22 period for the proposed mining lease; and 23 (b) under an agreement that includes all the consultation and 24 negotiation parties, are to be the subject of further negotiation, or 25 are to be decided in a way stated in the decision under this section; 26 and 27 (c) are not reasonably capable of being decided when the native title 28 issues decision is made; and 29 (d) are not directly relevant to the native title issues decision. 30 `(2) The tribunal must give a copy of its decision under this section to-- 31

 


 

s9 138 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) the consultation and negotiation parties; and 1 (b) if the State in not a consultation and negotiation party--the 2 mining registrar. 3 `(3) The tribunal's decision under this section about the deferred matters 4 is binding on all the consultation and negotiation parties. 5 `(4) If the decision under this section is that the deferred matters are to be 6 decided by arbitration, and, after the decision is made, the consultation and 7 negotiation parties can not agree on the way the arbitration is to take place, 8 the tribunal, on the application of a consultation and negotiation party, has 9 jurisdiction to decide the deferred matters. 10 time requirement for making native title issues decision 11 `General `642.(1) The tribunal must take all reasonable steps to make sure that the 12 native title issues decision is made within 6 months after the proposed 13 mining lease is referred to the tribunal for the decision. 14 `(2) If the native title issues decision is not made within the 6 months, the 15 tribunal must, as soon as practicable after the 6 months ends, give a written 16 notice to the Minister-- 17 (a) advising why the native title issues decision has not yet been 18 made; and 19 (b) giving an estimate of when the decision is likely to be made. 20 6--Special provisions about completion of combined 21 `Subdivision hearing and making of native titles issues decision 22 of urgency notice 23 `Giving `643.(1) This section applies if the tribunal's native titles issues decision 24 has not been made, and a negotiated agreement has not been reached, 25 4 months after the proposed mining lease was referred to the tribunal for a 26 native title issues decision, other than under a referral that was later 27 withdrawn. 28

 


 

s9 139 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) The Minister may give the tribunal a written notice (an "urgency 1 notice") asking the tribunal to complete its combined hearing and make its 2 native title issues decision within the period stated in the written notice. 3 `(3) The period stated under subsection (2) must be a period ending after 4 the end of the period of 6 months after the proposed mining lease was 5 referred to the tribunal for a native title issues decision, other than under a 6 referral that was later withdrawn. 7 decision if tribunal recommendation delayed 8 `Minister's `644.(1) This section applies if-- 9 (a) the Minister has given the tribunal an urgency notice under 10 section 643 in relation to the proposed mining lease; and 11 (b) the period stated in the urgency notice for the tribunal to complete 12 its combined hearing and make its native title issues decision has 13 ended; and 14 (c) the tribunal has not made its native title issues decision; and 15 (d) the consultation required under this subdivision (including under 16 this section) for the making of a decision by the Minister has 17 happened. 18 `(2) The Minister may make a decision (the "Minister's decision") 19 under this section about the native title issues decision. 20 `(3) The Minister may make a decision under this section that has the 21 effect of a native title issues decision that the proposed mining lease may be 22 granted, with or without conditions and whether or not contract conditions, 23 only if the Minister has first consulted with the Commonwealth Minister 24 about the making of the decision. 25 `(4) The Minister may make a decision under this section only if-- 26 (a) the tribunal's completion of the combined hearing, and the 27 making of the native title issues decision, are unlikely to happen 28 within a period that is reasonable, taking into account all the 29 circumstances; and 30 (b) it is in the interests of Queensland to make the decision at the time 31 it is made. 32

 


 

s9 140 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(5) Subsection (4)(a) and (b) does not stop the Minister from taking into 1 account other matters in deciding whether to make a decision under this 2 section. 3 before Minister's decision 4 `Consultation `645.(1) Before making the Minister's decision, the Minister must give a 5 written notice under subsections (2) and (3). 6 `(2) The Minister must give written notice to the tribunal requiring it, by 7 the end of the day stated in the notice, to give the Minister and each 8 consultation and negotiation party a summary of the material presented to 9 the tribunal in the course of the tribunal considering what the native title 10 issues decision should be. 11 `(3) The Minister must give a written notice to each consultation and 12 negotiation party stating the following-- 13 (a) that the Minister is considering making the decision; 14 (b) that each consultation and negotiation party-- 15 (i) may, by the end of the day stated in the written notice, give 16 the Minister any submission or other material that the 17 consultation and negotiation party wants the Minister to take 18 into account in deciding whether to make the decision and, if 19 so, its terms; and 20 (ii) if the consultation and negotiation party gives the Minister a 21 submission or other material, must also give each of the 22 other consultation and negotiation parties a copy of the 23 submission or other material; and 24 (iii) may, within 7 days after the day stated in the written notice, 25 in response to any submission or other material given by 26 any other consultation and negotiation party or the tribunal, 27 give the Minister any further submission or other material 28 that the consultation and negotiation party wants the Minister 29 to take into account. 30 `(4) The day stated in the written notices given under subsections (2) and 31 (3) must be-- 32

 


 

s9 141 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (a) the same day in all of the written notices given under the 1 subsections; and 2 (b) a day by which, in the Minister's opinion, it is reasonable to 3 assume that all of the written notices given will have been 4 received by, or will otherwise have come to the attention of, the 5 persons who must be notified under this section. 6 `(5) If the Minister complies with subsection (1), there is no requirement 7 for any person to be given any further hearing before the Minister makes 8 the decision. 9 `(6) In making the decision, the Minister-- 10 (a) must take into account-- 11 (i) any submission or material provided by a consultation and 12 negotiation party under subsection (3), but only if the 13 consultation and negotiation party has complied with the 14 Minister's written notice in the way mentioned in subsection 15 (3)(b); and 16 (ii) any report provided by the tribunal; and 17 (iii) the Minister's consultation with the Commonwealth 18 Minister under this subdivision; and 19 (iv) any issues about which the consultation and negotiation 20 parties have agreed in writing and advised to the Minister; 21 and 22 (b) may, but need not, take into account any other matter or thing. 23 `(7) The fact that no submission or other material of the kind mentioned 24 in subsection (3) has been given to the Minister before the end of the day 25 stated in the written notices does not stop the Minister from making the 26 decision. 27 decisions generally 28 `Minister's `646.(1) The Minister's decision must be in the form of, has effect as, 29 and takes the place of, a native title issues decision. 30

 


 

s9 142 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) 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 `(3) The Minister's decision must be made by the Minister personally. 8 `(4) 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 `Division 5--Renewals of mining leases 12 of div 5 13 `Application `647.(1) This division states additional requirements that apply for the 14 renewal of a mining lease over non-exclusive land under part 7. 15 `(2) The additional requirements do not apply for the renewal of the 16 mining lease if-- 17 (a) the renewed lease does not extend the area to which the mining 18 lease relates; and 19 (b) the term of the renewed lease is no longer than the term of the 20 mining lease; and 21 (c) no rights are created in connection with the renewed lease that 22 were not held under the mining lease. 23 for renewal 24 `Requirements `648.(1) If the mining lease is a surface alluvium (gold or tin) mining 25 lease, division 2 applies, with necessary changes, to the renewal of the 26 mining lease as if the renewal were the granting of the mining lease. 27

 


 

s9 143 s9 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) If the mining lease is not a surface alluvium (gold or tin) mining 1 lease, divisions 3 and 4 apply, with necessary changes, to the renewal of the 2 mining lease as if the renewal were the granting of the mining lease. 3 6--Requirements for subsidiary approvals 4 `Division for approval--variations and additions 5 `Requirements `649.(1) This division applies to the granting to the holder of a mining 6 lease over non-exclusive land of a variation or addition to the rights to mine 7 given by the mining lease. 8 `(2) Divisions 3 and 4 apply, with necessary changes, to the variation or 9 addition of the mining lease as if the variation or addition were the granting 10 of the mining lease. 11 `PART 18--COMPENSATION PROVISIONS 12 title holders compensation 13 `Native `650.(1) Native title holders are entitled to recover, from the holder of a 14 mining tenure granted after the commencement of this section, 15 compensation for the effect of the mining tenure, or the activities carried out 16 under the mining tenure, on native title rights and interests. 17 `(2) If agreement can not be reached about the payment of compensation 18 under subsection (1), any dispute about the payment of, or amount of, 19 compensation is to be decided by the tribunal. 20 `(3) If a registered native title body corporate is entitled to compensation 21 under subsection (1) in relation to the grant of a mining claim or mining 22 lease, the mining claim or mining lease must not be granted unless-- 23 (a) compensation has been decided, whether by agreement or by a 24 decision of the tribunal, between the applicant and the registered 25 native title body corporate; and 26

 


 

s9 144 s9 Native Title (Queensland) State Provisions Amendment (No. 2) (b) the conditions of the agreement or decision have been or are being 1 complied with by the applicant. 2 `(4) If a registered native title body corporate is entitled to compensation 3 under subsection (1) in relation to a prospecting permit, exploration permit 4 or mineral development licence, the registered native title body corporate 5 may recover the compensation from time to time after the grant of the 6 permit or licence for the effect of activities carried out under the permit or 7 licence. 8 `(5) If a native title holder other than a registered native title body 9 corporate is entitled to compensation under subsection (1), it is not 10 necessary for compensation to be decided, whether by agreement or by 11 decision of the tribunal, before the mining tenure is granted or before 12 activities are carried out under the tenure. 13 `(6) If the tribunal must decide compensation under subsection (2), 14 compensation under subsection (1) is not payable to a native title holder 15 unless the native title holder becomes a registered native title body 16 corporate. 17 `(7) However, the tribunal is not stopped from requiring an amount to be 18 held in trust for compensation until a determination of native title is made. 19 `(8) If a decision of the tribunal, whether a native title issues decision or a 20 decision under this section, requires an amount to be held in trust for 21 compensation until it is dealt with under this division-- 22 (a) the tribunal must decide the amount; and 23 (b) the amount when paid must be held in trust, in the way prescribed 24 under a regulation, until it is dealt with under this division. 25 `(9) If a person claiming to be entitled to compensation under 26 subsection (1) asks that the whole or part of the compensation should be in 27 the form of non-monetary compensation, the applicant or the tribunal must 28 consider the request. 29 `(10) If the tribunal decides that compensation may be in the form of 30 non-monetary compensation, but the non-monetary compensation is not 31 provided in the way required under the decision, the person claiming to be 32 entitled to the compensation may ask the tribunal to decide instead that the 33 whole or part of the compensation must consist of the payment of money. 34

 


 

s9 145 s9 Native Title (Queensland) State Provisions Amendment (No. 2) with amount held in trust for compensation--determination 1 `Dealing of no native title 2 `651.(1) This section applies if-- 3 (a) an amount is held in trust for compensation; and 4 (b) either of the following happens-- 5 (i) the application for the proposed mining tenure is rejected 6 under part 7; 7 (ii) the proposed mining tenure is granted under part 7, but a 8 determination of native title is made to the effect that native 9 title did not exist in relation to the non-exclusive land 10 immediately before the mining tenure was granted. 11 `(2) The trustee must-- 12 (a) repay the amount to the person who paid the amount; or 13 (b) if the person no longer exists, apply to the tribunal for a direction 14 about the payment of the amount. 15 with amount held in trust for compensation--determination 16 `Dealing of native title 17 `652.(1) This section applies if-- 18 (a) an amount is held in trust for compensation; and 19 (b) the proposed mining tenure is granted; and 20 (c) an approved determination of native title is made to the effect that 21 the registered native title parties are, disregarding any holding of 22 native title in trust under the Commonwealth Native Title Act, 23 native title holders for the non-exclusive land; and 24 (d) the registered native title body corporate advises the trustee that it 25 wishes to accept the amount held in trust for compensation 26 instead of any compensation to which the native title holders may 27 be entitled under this division; and 28 (e) the person who paid the amount to the trustee advises the trustee 29 that the person agrees to the registered native title body corporate 30

 


 

s9 146 s9 Native Title (Queensland) State Provisions Amendment (No. 2) accepting the amount held in trust for compensation instead of 1 any compensation to which the native title holders may be entitled 2 under this division. 3 `(2) The trustee must pay the amount to the registered native title body 4 corporate, and there is no other entitlement to compensation under this 5 division. 6 with amount held in trust for compensation--other 7 `Dealing determination about compensation 8 `653.(1) This section applies if-- 9 (a) an amount is held in trust for compensation; and 10 (b) a determination of native title is made and either of the following 11 applies-- 12 (i) the registered native title body corporate does not advise the 13 trustee that it wishes to accept the amount held in trust for 14 compensation instead of any compensation to which the 15 native title holders may be entitled under this division; 16 (ii) the person who paid the amount to the trustee advises the 17 trustee that the person does not agree to the registered native 18 title body corporate accepting the amount held in trust for 19 compensation instead of any compensation to which the 20 native title holders may be entitled under this division. 21 `(2) The tribunal must decide the compensation payable under this 22 division. 23 `(3) If the decision under subsection (2) is that compensation is payable 24 to the registered native title body corporate-- 25 (a) if the amount held in trust is the same as the compensation 26 decided by the tribunal--the trustee must pay the amount held in 27 trust to the registered native title body corporate; and 28 (b) if the amount held in trust is less that the compensation decided 29 by the tribunal--the trustee must pay the amount held in trust to 30 the registered native title body corporate, and the State must pay 31 the difference in the 2 amounts to the registered native title body 32

 


 

s9 147 s9 Native Title (Queensland) State Provisions Amendment (No. 2) corporate; and 1 (c) if the amount held in trust is more than the compensation decided 2 by the tribunal--the trustee must-- 3 (i) from the amount held in trust, pay the registered native title 4 body corporate an amount equal to the compensation 5 decided by the tribunal; and 6 (ii) pay the remainder of the amount to the person who paid the 7 amount, or if the person no longer exists, apply to the 8 tribunal for a direction about the payment of the remainder 9 of the amount. 10 `(4) If the decision under subsection (2) is that non-monetary 11 compensation is to be provided to the registered native title body corporate, 12 the trustee must apply to the tribunal for a direction about the payment of 13 the amount held in trust. 14 `(5) If the decision under subsection (2) is that no compensation is 15 payable to the registered native title body corporate, the trustee must-- 16 (a) repay the amount to the person who paid the amount; or 17 (b) if the person no longer exists, apply to the tribunal for a direction 18 about the payment of the amount. 19 with amount held in trust for compensation--no applicable 20 `Dealing provision 21 `654.(1) This section applies if-- 22 (a) an amount is held in trust for compensation; and 23 (b) no other provision of this division provides for, or is reasonably 24 likely to provide for, the disposal of the amount by the trustee; 25 and 26 (c) the tribunal decides, on an application by a person, that it would 27 be just and equitable in all the circumstances to pay the whole or a 28 part of the amount held in trust to the person who applied to the 29 tribunal or to another person. 30

 


 

s 10 148 s 14 Native Title (Queensland) State Provisions Amendment (No. 2) `(2) The trustee must pay the amount held in trust in the way directed by 1 the tribunal.'. 2 of pt 12 hdg 3 Replacement Clause 10. Part 12, heading-- 4 omit, insert-- 5 `PART 19--TRANSITIONAL PROVISIONS'. 6 of ss 419 and 420 7 Renumbering Clause 11. Sections 419 and 420-- 8 renumber as sections 655 and 656. 9 PART 4--AMENDMENT OF NATIVE TITLE 10 (QUEENSLAND) ACT 1993 11 amended in pt 4 12 Act Clause 12. This part amends the Native Title (Queensland) Act 1993. 13 of s 3 (Objects of Act) 14 Amendment Clause 13. Section 3(2)(c)-- 15 omit. 16 of s 18 (Confirmation of access to beaches etc. (NTA, 17 Amendment s 197(2) and (3)) 18 Clause 14. Section 18-- 19 insert-- 20 `(da)stock routes;'. 21

 


 

s 15 149 s 15 Native Title (Queensland) State Provisions Amendment (No. 2) of s 146 (Section headings and 1 Replacement attachment--Commonwealth Native Title Act) 2 Clause 15. Section 146-- 3 omit, insert-- 4 headings--Commonwealth Native Title Act 5 `Section `146. A reference in a section heading to a provision of the 6 Commonwealth Native Title Act does not form part of this Act. 7 to mine covering both alternative provision areas and other 8 `Rights areas 9 `146A.(1) This section applies if-- 10 (a) a particular future act is the creation or variation of a right to mine 11 in non-exclusive land that includes land in an alternative provision 12 area and land that is not in an alternative provision area; and 13 (b) alternative provisions applying for the land in the alternative 14 provision area would, if this section had not been passed, have 15 effect in relation to the act. 16 `(2) For the alternative provisions, the future act is taken to consist of the 17 following separate acts-- 18 (a) one act consisting of the creation or variation of the right to mine, 19 but only in the alternative provision area; 20 (b) another act consisting of the creation or variation of the right to 21 mine, but only in the land not in the alternative provision area. 22 `(3) The act mentioned in subsection (2)(b) is taken to be done only 23 when the right concerned is first exercised in the land not in the alternative 24 provision area. 25 `(4) In this section-- 26 "alternative provisions" means laws of Queensland that, under a 27 determination in force under section 43 or 43A of the Commonwealth 28 Native Title Act, have effect instead of the right to negotiate provisions. 29

 


 

s 15 150 s 15 Native Title (Queensland) State Provisions Amendment (No. 2) "non-exclusive land" means land over which native title has not been 1 extinguished. 2 "right to negotiate provisions" means part 2, division 3, subdivision P of 3 the Commonwealth Native Title Act.'. 4 5 6 State of Queensland 1998 Authorised by the Parliamentary Counsel and printed by the Government Printer

 


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