Queensland NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT BILL 1999 NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT BILL 1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 20.6... 20 2 Commencement ..... 2.6... ccc eee eee nee 20 PART 2—AMENDMENT OF FOSSICKING ACT 1994 3 Act amended in pt2 ...... cece cece cece eee teens 20 4 Amendment of s 11 (Act's application if approved determination of native title) 2.6... eee 20 PART 3—AMENDMENT OF LAND AND RESOURCES TRIBUNAL ACT 1999 5 Act amended in pt3 2... 6... eect tee eee 21 6 Amendment of s 26 (Limitation on ownership of mining tenures) ....... 21 7 Amendment of s 41 (Way in which questions are to be decided)........ 21 8 Insertion of new s SIA... 6... eee eens 21 51A — Jurisdiction under Commonwealth Native Title Act............. 21 9 Amendment of sch 1 (Requirements for constituting tribunal) .......... 22 10 Amendment of sch 2 (Negotiated agreements)..............-..000005 23 11 Amendment of sch 4 (Dictionary) ............... 00.0200... 0 0c eee ee 24 PART 4—AMENDMENT OF MINERAL RESOURCES ACT 1989 12 Act amended in pt4 ...... 2... eee ee 24 13 Amendment of s 5 (Definitions) .............0...00 0000002002 eee 24 14 Insertion of neWs 6B... eee eee 25 6B Meaning of "prospect" ....... 2... cece cece cette 25 15 Insertion of news LOA... 1... eet eee eee 25 Native Title (Queensland) State Provisions Amendment 172224273134 10A Extension of certain entitlements to registered native title bodies corporate and registered native title claimants........... 25 Amendment of s 24 (Grant of prospecting permit)..................-. 26 Amendment of s 25 (Conditions of prospecting permit)................ 26 Insertion of news 25A ... 0... eee eee 26 25A Indigenous land use agreement conditions .................... 27 Amendment of s 74 (Grant of mining claim to which no objection is lodged) ©... 6... cece tte ete eens 27 Insertion of new ss 81A and 81B .............. 0.0 eee 27 81A Consultation and negotiated agreement conditions ............. 27 81B Other agreement conditions .............. 2.06 e cece eee eee ee 28 Amendment of s 82 (Variation of conditions of mining claim).......... 28 Amendment of s 91 (Initial term of mining claim).................... 29 Amendment of s 93 (Renewal of mining claim)...................... 29 Amendment of s 137 (Grant of exploration permit) ................... 29 Insertion of new ss 141A-141C.. 2... eee 30 141A Consultation and negotiated agreement conditions ............. 30 141B Other agreement conditions ........... 0... c cece eee eee eee 30 141C_ Application to vary conditions of existing permit............... 31 Amendment of s 144 (Provision of security)....................0000. 31 Amendment of s 147 (Renewal of exploration permit) ................ 32 Insertion of news 176A... 2. eee eee 32 176A Application to add excluded land to existing permit ............ 32 Amendment of s 182 (Land is excluded from mineral development licence if covered by other authority under Act).......... 33 Amendment of s 183 (Application for mineral development licence) .... 33 Amendment of s 184 (Description of mineral development licence) ..... 33 Amendment of s 189 (Abandonment of application for mineral development licence) ....... eee eee eee ee 34 Amendment of s 190 (Provision of security). ...................0000. 34 Amendment of s 192 (Initial term of mineral development licence) ..... 34 Insertion of new ss 194AA—194AC oo eee ee 34 194AA Consultation and negotiated agreement conditions............. 35 Native Title (Queensland) State Provisions Amendment 194AB Other agreement conditions ............... 000 c cee eee eee 35 194AC Application to vary conditions of existing licence.............. 36 36 Amendment of s 197 (Renewal of mineral development licence) ....... 36 37 Amendment of s 208 (Adding other minerals to licence) .............. 36 38 Insertion of news 226AA ... 0... eee ee 37 226AA Application to add excluded land to existing licence........... 37 39 Amendment of s 230 (Plant remaining on former mineral development licence may be sold etc.) ... 6... 6. eee eee eee ee 37 40 Amendment of s 271 (Minister to consider recommendation made in respect of application for grant of mining lease) ................... 38 41 Insertion of new ss 276A and 276B ... 1... ieee eee 38 276A Consultation and negotiated agreement conditions ............. 38 276B Other agreement conditions ............ 0.0 e eee eee 38 42 Amendment of s 286 (Renewal of mining lease)..................0.. 39 43 Amendment of s 294 (Variation of conditions of mining lease) ......... 39 44 Amendment of s 315 (Approval of additional activities upon mining lease application)... 2.6... 66... cece eee eee 40 45 Amendment of s 412 (Offences and recovery of penalties etc.) ......... 40 46 Insertion of news 416A... 0... cee eee 40 416A Approval of forms ......... 0... c cece eee 40 PART 5—AMENDMENT OF NATIVE TITLE (QUEENSLAND) ACT 1993 47 Act amended in pt 5 2.2... cece cece eee ete ee 41 48 Amendment of s 7 (Object of part) 2.2.6.0... ccc eee eee eee 41 49 Amendment of s 9 (Application of remaining provisions of part)........ 41 50 Insertion of new div4 ...... 2. eee eee ee 41 Division 4—Validation of certain future acts 15A Effect of registration on previous acts covered by indigenous land use agreements (NTA, s 24EBA(1) and (3))..... 41 PART 6—AMENDMENT OF NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT ACT (No. 2) 1998 51 Act amended in pt 6 1.62... eee c cece cence et eee ee ee 42 52 Amendment of s 2 (Commencement) ................00....00000002 43 Native Title (Queensland) State Provisions Amendment 53 Amendment of s 7 (Amendment of s 5 (Definitions)) ................. 43 54 Replacement of ss 9-12 1.0... eee eee 43 9 Insertion of new pts 12-18 6... 0... eee 43 PART 12—INTRODUCTION TO NATIVE TITLE PROVISIONS 419 Application of native title provisions..................0 eee eee 43 420 Exclusion of certain agreed acts from pts 13 to17.............. 44 421 Effect of failure to comply with native title provisions .......... 44 422 Definitions for native title provisions ................000000005 45 423 Other provisions for interpretation of native title provisions ...... 47 424 Application of Judicial Review Act........... 000 eee cece ee 47 PART 13—NATIVE TITLE PROVISIONS FOR PROSPECTING PERMITS Division 1—Preliminary 425 Purpose of pt 132.6... 6. eee 48 426 Application of pt 13.2.6... 6... eee 48 427 Exclusion of certain prospecting permits from pt 13............. 49 428 Limited application of pt 13 to prospecting permit in approved opal or gem mining area... ... 2.6... eee ee eee eee ee 49 429 Definitions for pt 13... 2.0... 6. 49 430 Meaning of "low impact prospecting permit" for pt 13 .......... 50 Division 2—Notification requirements 431 Requirement to notify ........... 0.0 c cece eee eee 50 432 Failure to notify correctly... 6.0... eee eee eee eee 51 Division 3—Consultation requirements before entry 433 Requirement to consult. ......... 0... c cece 51 434 Consultation matters ........ 6.6... eee cee eee eee 52 435 Consultation period ......... 0.6... cece cee ete ee 52 436 Native title notification parties may seek mediation............ 53 437 Notice of result of consultation. ........... 00... 53 438 Mining registrar may take action..............000 0 0c e ee eens 54 Native Title (Queensland) State Provisions Amendment PART 14—NATIVE TITLE PROVISIONS FOR MINING CLAIMS Division 1—Preliminary 439 Purpose of pt 14....... 0.2 eee 55 440 Limited application of pt 14 to mining claim in approved opal or gem mining area... 2... eee 56 441 Meaning of "surface alluvium (gold or tin) mining claim"....... 56 Division 2—Surface alluvium (gold or tin) mining claims Subdivision 1—Preliminary 442 Application of div2......... 6... cece eee eee 56 443 Definitions for div2......... 0.00.02 eee eee 57 Subdivision 2—Notification requirements 444 Requirement to notify ........... 0.0 c cece eee 58 445 Notification of mining registrar. ............... 00000 eee ee eee 59 Subdivision 3—Consultation requirements 446 Consultation parties....... 0.0... eee eee 60 447 Requirement to consult... 1.0.0... 06. cece eee eee eee 60 448 Consultation period ......... 0.6... cece cece eee eee 60 449 Consultation matters ........ 6.6... eee eee eee 61 450 Consultation parties may seek mediation ...................-5 61 451 Notice of result of consultation. ........... 0... e cee eee eee eee 62 Subdivision 4—Hearing requirements 452 Application of sdiV4....... 0... eee eee 63 453 Native title notification parties' right to be heard............... 64 454 Fixing of combined hearing day................ 000 e cece eee 64 455 Tribunal must consider consultation matters and agreed issues ... 65 456 Decision about compensation to be made at hearing............ 65 457 General time requirement for hearing .....................055 65 Subdivision 5—Notice of grant 458 Notice of grant to other consultation parties .................-. 66 Division 3—Other mining claims on alternative provision areas 459 Application of div3....... 66... eee 66 460 Requirement for grant ........... 0. e eee e cece eee ee 67 Native Title (Queensland) State Provisions Amendment 461 Applying pt 17, div 3 for grant .............. 0... eee eee eee 67 Division 4—Other mining claims not on alternative provision areas 462 Application of div4....... 6... eee eee 68 463 Requirement for grant ........... 0. eee cece eee 69 464 Applying pt 17, div 4 for grant .............. 0... eee eee eee 69 Division 5—Renewals of mining claims 465 Application of div5....... 6.6 eee 70 466 Requirements for renewal—applying div2.................--. 72 467 Applying div 2 for renewal .......... 0.0. c eee eee eee ee 72 468 Requirements for renewal—applying div3.................--. 73 469 Applying div 3 for renewal ........... 0... e cece eee eee 73 470 Requirements for renewal—applying div4.................--. 74 471 Applying div 4 for renewal .......... 0.0.0 e cece eee eee 75 Division 6—Requirements for subsidiary approvals 472 Application of div6........ 6... c cece eee eee 76 473 Requirements for addition—applying div2..................-. 77 474 Applying div 2 for addition. ... 0.0.0... 0... eee ee eee ee 78 475 Requirements for addition—applying div3...................-. 78 476 Applying div 3 for addition. ............ 0.0 78 477 Requirements for addition—applying div4..................-. 79 478 Applying div 4 for addition. ......... 0... eee eee eee eee ees 80 PART 15—NATIVE TITLE PROVISIONS FOR EXPLORATION PERMITS Division 1—Preliminary 479 Purpose of pt 15.2.6... 6 eee 81 480 Limited application of pt 15 to exploration permit in approved opal or gem mining area... ... 2.6... eee ee eee eee ee 82 481 Meaning of "low impact exploration permit".................. 82 482 Meaning of "low impact activity". .......... 0... eee eee eee eee 82 483 Meaning of "high impact exploration permit" ................. 84 Native Title (Queensland) State Provisions Amendment Division 2—Low impact exploration permits Subdivision 1—Preliminary 484 Application of div2........ 6... cece eee eee eee 84 485 Definitions for div2......... 0.0.00... 85 Subdivision 2—Notification requirements 486 Requirement to notify ........... 0.0 c eee eee eee 85 487 Notification of mining registrar. .................0 00 cece eee 86 Subdivision 3—Consultation requirements before entry 488 Requirement to consult. ......... 6.0 cece eee eee eee 87 489 Consultation matters ......... 6... cece eee eee ee 87 490 Consultation period ......... 0.6... eens 88 491 Native title notification parties may seek mediation............ 89 492 Notice of result of consultation. ........... 6.0.6 eee eee ee eee 89 493 Mining registrar may recommend action.................00005 90 Division 3—High impact exploration permits on alternative provision areas Subdivision 1—Preliminary 494 Application of div3....... 6... e eee eee eee 90 495 Definitions for div3... 2.2.0.2... 6.0 91 496 Meaning of "registered native title party" for div3............. 92 Subdivision 2—Notification requirements and right to object 497 Requirement to notify ........... 6.0 e ccc eee eee eee eee 92 498 Content of notice... 66... eee eee eee 93 499 Notification of mining registrar................ 00000 c eee eee 94 500 = Right to object... 6... eee eee 94 501 Ending of additional requirements if no objection lodged ........ 95 Subdivision 3—Consultation and mediation 502 Application of sdiv3.... 6.6... cee eee 96 503 Notice of objections by mining registrar ...................005 96 504 Requirement to consult ..... 6.0... eee eee eee eee 96 505 Consultation matters ... 2.2... 0... cece eee 96 506 Fixing of consultation start day and hearing day ............... 97 Native Title (Queensland) State Provisions Amendment 507 Consultation period ......... 6... eee eee ee 97 508 Request for mediation. ............ 6... c cece cee eee 98 509 Process for consultation—guidelines for applicant.............. 98 510 Agreement with or without conditions ..................000005 99 511 Agreement with conditions .............. 0.00 cece eee eee 99 Subdivision 4—Hearing of objections and tribunal's decision 512 Hearing of objections by tribunal................ 0.0 ee ee ee eee 100 513 Directions for hearing .......... 0.0.0 cece 100 514 Identifying agreed issues... 1.0.0... eee eee eee 101 515 Matters tribunal must consider................0..000 00000002 101 516 General time requirement for hearing ..................-.0005 101 517 Meaning of "native title issues decision"..................--5 102 518 Advice of native title issues decision to Minister............... 102 519 Effect of native title issues decision .................0000000. 102 520 Contract conditions ....... 0... eee eee eee eee 102 521 Overruling of native title issues decision...................05 103 Division 4—High impact exploration permits not on alternative provision areas 522 Application of div4...... 6.6... ees 103 523 Requirements for grant ......... 0.0.0 c cece 105 524 Applying pt 17, div 4 for grant ........... 0.0 o eee eee eee 105 Division 5—Renewals of exploration permits 525. Application of div5..... 6.6... cece eee eee 106 526 Requirements for renewal—applying div2.................... 108 527 Requirements for renewal—applying div3..................... 109 528 Applying div 3 for renewal ........... 6. c cece eee eee eee 109 529 Requirements for renewal—applying div4.................... 109 530 Applying div 4 for renewal ........... 60. e cece eee 109 Division 6—Requirements for subsidiary approvals 531 Application of div6....... 60... 110 532 Requirements for variation—low impact exploration permit ...... 111 533 Requirements for variation—high impact exploration permit ..... 112 Native Title (Queensland) State Provisions Amendment 534 Requirements for variation or addition—other exploration permits 2.0... eee eee 112 PART 16—NATIVE TITLE PROVISIONS FOR MINERAL DEVELOPMENT LICENCES Division 1—Preliminary 535. Purpose of pt 16........ 0.6.6 c ccc 113 536 Limited application of pt 16 to mineral development licence in approved opal or gem mining area.................. 114 537 Meaning of "low impact mineral development licence" ......... 114 538 Meaning of "low impact activity". .............. 00 eee eee eee 115 539 Meaning of "high impact mineral development licence" ........ 116 Division 2—Low impact mineral development licences Subdivision 1—Preliminary 540 Application of div2...... 6.6... cece eee 117 541 Definitions for div2............ 0.0.0 117 Subdivision 2—Notification requirements 542 Requirement to notify .......... 0... cece eee eee eee 118 543 Notification of mining registrar... ..... 0... eee eee eee eee ee 119 Subdivision 3—Consultation requirements before entry 544 Requirement to consult ........ 0... cece eee 119 545 Consultation matters ..... 2... eee eee eee 120 546 Consultation period ......... 6... eee eee eee 120 547 Native title notification parties may seek mediation............ 121 548 Notice of result of consultation..................00...000000. 122 549 Mining registrar may recommend action.............-.....00% 122 Division 3—High impact mineral development licences on alternative provision areas Subdivision 1—Preliminary 550 = Application of div3.... 0.6.6.6. 123 551 Definitions for div3............ 00... 124 552 Meaning of "registered native title party"..................... 124 Subdivision 2—Notification requirements and right to object 553. Requirement to notify .......... 6... c eee eee eee ees 125 Native Title (Queensland) State Provisions Amendment 554 Content of notice... 6... ccc eee 555 Notification of mining registrar. ....... 6... eee eee eee eee 556 Right to object... 6... eee tee t tte 557. Ending of additional requirements if no objection lodged ........ Subdivision 3—Consultation and mediation 558 Application of sdiv3.. 0.0.6... eee tet 559 Notice of objections by mining registrar ..................00., 560 Requirement to consult ......... 0... c cece eee 561 Consultation matters ........ 6... eee eee 562 Fixing of consultation start day and hearing day ............... 563 Consultation period ....... 0.6... eee eee eee 564 Request for mediation. .......... 66. 565 Process for consultation—guidelines for applicant.............. 566 Agreement with or without conditions..................00000- 567 Agreement with conditions ............ 0... eee eee Subdivision 4—Hearing of objections and tribunal's decision 568 Hearing of objections by tribunal................ 00. cece eee 569 Directions for hearing ........... 0.0.0 c cee eee eee eee 570 Identifying agreed issues... 1.6.0.0... ee eee eee eee eee 571 Matters tribunal must consider. ............. 0000 e cece ee eee 572 General time requirement for hearing .................--.0005 573, Meaning of "native title issues decision". ...........-.....--5 574 Advice of native title issues decision to Minister............... 575 Effect of native title issues decision ...............00.-- 000 e 576 Contract conditions ........ 06... cece cece eee eee 577 Overruling of native title issues decision..................005 Subdivision 5—Notice of grant 578 Notice of grant to other consultation parties................... Division 4—High impact mineral development licences not on alternative provision areas 579 Application of div4.... 0.0.6.6... cece eee ees 580 Requirements for grant ......... 0.0.0 cece eee eee eee Native Title (Queensland) State Provisions Amendment 581 Applying pt 17, div 4 for grant ......... 0... eee eee eee 138 Division 5—Renewals of mineral development licences 582 Application of div5....... 6... cece eee ees 140 583 Requirements for renewal—applying div2.................... 142 584 Requirements for renewal—applying div3..................... 142 585 Applying div 3 for renewal ........... 6... c cece eee eee ees 142 586 Requirements for renewal—applying div4.................... 143 587 Applying div 4 for renewal ......... 0.60.6 c cece ees 143 Division 6—Requirements for subsidiary approvals 588 Application of div6...... 6.6... eee eee ees 143 589 Requirements for variation—low impact mineral development licence ........ 0.6... cece eee eee 145 590 Requirements for variation—high impact mineral development licences ......... 6... 0c cece e cece 146 591 Requirements for variation or addition—other mineral development licences ......... 6... 0c cece e cece 146 592 Requirements for approval—adding minerals to mineral development licence ........ 0.6... cece eee eee 147 PART 17—NATIVE TITLE PROVISIONS FOR MINING LEASES Division 1—Preliminary 593 Purpose of pt 17... 6.1... 147 594 Limited application of pt 17 to mining lease in approved opal or gem mining area... 6... eee 148 595 Meaning of "surface alluvium (gold or tin) mining lease" ....... 148 596 No re-opening of issues previously decided ................... 149 Division 2—Surface alluvium (gold or tin) mining leases Subdivision 1—Preliminary 597 Application of div2...... 66.6.6 150 598 Definitions for div2............ 0... 150 Subdivision 2—Notification requirements 599 Requirement to notify ........... 0. cece eee ee eee 151 600 Notification of mining registrar... ... 0.0... eee eee eee 152 Native Title (Queensland) State Provisions Amendment Subdivision 3—Consultation requirements 601 Consultation parties ....... 0... eee eee 602 Requirement to consult.......... 0... cece eee eee 603 Consultation period ......... 0... eee 604 Consultation matters ....... 0... eee eee eee 605 Consultation parties may seek mediation ..................... 606 Notice of result of consultation..................000..000000, Subdivision 4—Hearing requirements 607 Application of sdiv4.... 6... eect eee 608 Native title notification parties' right to be heard............... 609 Fixing of combined hearing day ...... 6.2.0... 00sec eee eee eee 610 Tribunal must consider consultation matters and agreed issues ... 611 Decision about compensation to be made at hearing............ 612 General time requirement for hearing ..................-.0055 Subdivision 5—Notice of grant 613 Notice of grant to other consultation parties................... Division 3—Other mining leases on alternative provision areas Subdivision 1—Preliminary 614 = Application of div3.... 6.6.66. eee ee eee 615 Definitions for div3............ 0... eee Subdivision 2—Notification and registration requirements 616 Requirement to notify ........... 0. cece eee eee ee 617 Content of written notice ......... 0.0.0. 618 Notification of mining registrar. ........ 0... cece eee eee eee 619 Registered native title parties ......... 0.0.60... cece eee eee eee 620 Advice to mining registrar... 2.2... eee 621 Ending of additional requirements ............... 200000 - eee Subdivision 3—Consultation and negotiation 622 Parties to consultation and negotiation ...................0005 623 Consultation and negotiation period ............ 0... eee eee eee 624 Requirement for consultation and negotiation.................. Native Title (Queensland) State Provisions Amendment 625 Content of negotiation. ....... 6.6 eee eee tees 626 Failure to negotiate... 2... eee 627 Request for mediation........... 6. eee eee 628 Process for consultation and negotiation—applicant consultation . 629 Process for consultation and negotiation—registered native title parties consultation .........................00.0. 630 Process for consultation and negotiation—taking account of existing rights, interests and use ......................000. 631 Process for consultation and negotiation—negotiated agreement with or without conditions attached ................. 632 Process for consultation and negotiation—negotiated agreement with conditions attached ............0........0000. 633 Objection during consultation and negotiation period ........... Subdivision 4—Referral and native title issues decision 634 Referral of proposed mining lease to tribunal.................. 635 Continuing negotiation and mediation. ....................005 636 Combined hearing ........... 6... c eee eee eee 637 Fixing of date for combined hearing ..................--00055 Subdivision 5—Requirements for combined hearing 638 Directions about conduct of combined hearing................. 639 Issue of compliance with sdiv3.............. 0.00 e eee e eens 640 Nature of native title issues decision. .............0...000.00. 641 Timing of tribunal's recommendation and native title issues decision... 6.0... ec eee eee teen ee 642 Tribunal's native title issues decision ................0000000. 643 Deferred matters.......... 00... eee eee 644 General time requirement for making native title issues decision . 645 Effect of native title issues decision .................0000000. Subdivision 6—Overruling of native title issues decision 646 Minister may overrule native title issues decision.............. 647 ~—- Effect of overruling ......... 6... cece eee eee eee Subdivision 7—Miscellaneous matters about grant 648 Contract conditions ......... 0... eee cee eee eee Native Title (Queensland) State Provisions Amendment 649 Notice of grant to registered native title parties................ Division 4—Other mining leases not on alternative provision areas Subdivision 1—Preliminary 650 =Application of div4...... 6.6... eee eee eee 651 Definitions for div4............ 0... eee Subdivision 2—Notification and registration requirements 652 Requirement to notify .......... 6... cee eee eee eee 653 Content of written notice......... 0.0.2 654 Notification of mining registrar. ....... 0... eee eee eee ee ee 655 Registered native title parties... 2.2.0.0... 0.6 ee eee eee eee eee 656 Advice to mining registrar... 6... ee eee 657. _—_ Ending of additional requirements .................0000- 000s Subdivision 3—Consultation and negotiation 658 Parties to consultation and negotiation ...................0005 659 Requirement for consultation and negotiation in good faith ...... 660 Content of negotiation in good faith............ 0... eee eee 661 Failure to negotiate... 2... eee 662 Request for mediation........... 0... eee eee 663 Process for consultation and negotiation—applicant consultation . 664 Process for consultation and negotiation—registered native title parties consultation .........................00.0. 665 Process for consultation and negotiation—taking account of existing rights, interests and use ......................000. 666 Process for consultation and negotiation—negotiated agreement with or without conditions attached ................. 667 Process for consultation and negotiation—negotiated agreement with conditions attached ............0........0000. 668 Objections ....... 6. ieee Subdivision 4—Referral and native title issues decision 669 Referral of proposed mining lease to tribunal.................. 670 Continuing negotiation and mediation....................005 671 Combined hearing ........... 66. c cee eee eee eee 672 Fixing of date for combined hearing ..................--00055 Native Title (Queensland) State Provisions Amendment Subdivision 5—Requirements for combined hearing 673 Directions about conduct of combined hearing................. 204 674 Issue of negotiation in good faith... ......... 00... cece ee ee eee 205 675 Nature of native title issues decision...............0.---0000 206 676 Timing of tribunal's recommendation and native title issues decision. ... 2... ee eee tte teen eens 207 677 Tribunal's native title issues decision ...............0002-000- 207 678 Deferred matters...... 2.0... etn eens 209 679 General time requirement for making native title issues decision . 209 680 Effect of native title issues decision .................0000000. 210 Subdivision 6—Overruling of native title issues decision 681 Minister may overrule native title issues decision.............. 210 682 Effect of overruling .......... 6. cece eee es 211 Subdivision 7—Special provisions about completion of combined hearing and making of native titles issues decision 683 Giving of urgency notice... 1.6... eee eee 212 684 Minister's decision if tribunal recommendation delayed......... 212 685 Consultation before Minister's decision...................000. 213 686 Minister's decisions generally ............. 000 cece eee eens 215 Subdivision 8—Miscellaneous matters about grant 687 Contract conditions ....... 0... eee eee eee eee 216 688 Notice of grant to registered native title parties................ 216 Division 5—Renewals of mining leases 689 Application of div5.... 6.6.66. eee eet ee ees 217 690 Requirements for renewal—applying div2.................... 219 691 Applying div 2 for renewal ........... 6... e eee eee eee 219 692 Requirements for renewal—applying div3..................... 220 693 Applying div 3 for renewal ...........6 cece eee eee eee 220 694 Requirements for renewal—applying div4.................... 221 695 Applying div 4 for renewal .......... 06.0 e cece eee ee eee 221 Division 6—Requirements for subsidiary approvals 696 Meaning of "approval" in div6 ......... 2... c cece 223 Native Title (Queensland) State Provisions Amendment 697 Application of div6..... 6.6... 698 Requirements for approval (additional area)—applying div3..... 699 Requirements for approval (additional area)—applying div4..... 700 Requirements for approval (other changes)—applying div2...... 701 Applying div 2 for approval......... 0.0.6 c eee eee ee eee 702 Requirements for approval (other changes)—applying div3...... 703 Applying div 3 for approval ........... 006. c eee eee eee 704 Requirements for approval (other changes)—applying div4...... 705 Applying div 4 for approval ......... 0.000. c eee eee eee PART 18—COMPENSATION PROVISIONS Division 1—Preliminary 706 Definitions for pt 18... 2.2... eee eee Division 2—General principles 707 Native title compensation... ........ 00... c cece ee eee eee 708 Agreement for compensation .............0 00 cece eee eee eee 709 Application for compensation .............. 00000 eee ee 710 Compensation provided in non-monetary form ................. 711 Conditions of agreement or compensation decision............. 712 Compensation trust decisions ............ 0.00 cece eee eee eee 713 State's right to be heard ... 0.0... eee eee ees Division 3—Payment of compensation in particular circumstances 714 Compensation before relevant act relating to mining claim or mining lease if registered native title body corporate ......... 715 Compensation before relevant act relating to mining claim or mining lease if registered native title claimant .............. 716 Compensation after relevant act relating to mining claim or mining lease... 1... eee eee eee 717 Compensation after relevant act relating to other mining tenement if registered native title body corporate .............. 718 Compensation after relevant act relating to other mining tenement if registered native title claimant ................... 719 Compensation found to be payable after agreement for compensation concluded ............ 0.000.000 0c e eee eee 720 Repayment of amount held in trust for compensation ........... Native Title (Queensland) State Provisions Amendment 721 Dealing with amount held in trust for compensation—determination of native title .................. 722 Dealing with amount held in trust for compensation—no applicable provision ............ 00.000 e cece eee eee eee 10 Replacement of pt 12 hdg.... 0.0.6... cece ee PART 19—TRANSITIONAL PROVISIONS Division 1—Transitional provisions for Act No. 27 of 1998 11 Renumbering of ss 419 and 420 ....... 0... 0. cece eee eee 12 Insertion of new pt 19, div2....... 6. eee eee Division 2—Transitional provisions for Act No. 38 of 1998 725 Application of div2...... 6.6... cee eee ees 726 Definitions for div2......... 0.0 eects 727 Giving advice of notification commencement day.............. 728 Existing prospecting permit applications ...................... 729 Existing mining claim applications ...................0-0000s 730 Existing exploration permit applications...................... 731 Existing mineral development licence applications............. 732 Existing mining lease applications.................00. eee eeee 733 Existing applications for certain approvals .................... 734 Separate hearings... .. 6.6... 6... FOR An Act to amend the Fossicking Act 1994, the Land and Resources Tribunal Act 1999, the Mineral Resources Act 1989, and the Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998 Clause Clause Clause Clause sl 20 s4 Native Title (Queensland) State Provisions Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Native Title (Queensland) State Provisions Amendment Act 1999. Commencement 2. Parts 3 to 6 commence on a day to fixed by proclamation. PART 2—AMENDMENT OF FOSSICKING ACT 1994 Act amended in pt 2 3. This part amends the Fossicking Act 1994. Amendment of s 11 (Act's application if approved determination of native title) 4. Section 11(2)(b)— omit, insert— '(b) the agreement includes statements to the effect that— (i) the parties to the agreement consent, with or without stated conditions, to fossicking over the land or waters; and (11) the Native Title Act 1993 (Cwlth), part 2, division 3, subdivision P, is not intended to apply to fossicking over the land or waters.'. 12 1417 19 s5 21 s8 Native Title (Queensland) State Provisions Amendment PART 3—AMENDMENT OF LAND AND RESOURCES TRIBUNAL ACT 1999 Act amended in pt 3 Clause 5. This part amends the Land and Resources Tribunal Act 1999. Amendment of s 26 (Limitation on ownership of mining tenures) Clause 6.(1) Section 26, heading, 'tenures'— omit, insert— 'tenements'. (2) Section 26(1) and (2), 'tenure' omit, insert— 'tenement'. Amendment of s 41 (Way in which questions are to be decided) Clause 7. Section 41— insert— '(5) Subsections (2) to (4) have effect subject to any requirement in section 42 for the presiding member or presiding members included in an NNTT panel to allow the NNTT member to participate in the making of a decision.'. Insertion of new s 51A Clause 8. After section 51— insert— 'Jurisdiction under Commonwealth Native Title Act *51A.(1) This section applies if, under the Commonwealth Native Title Act— oc ON DWN 11 131618 2022 24 Clause s9 22 s9 Native Title (Queensland) State Provisions Amendment (a) aclaimant or body corporate objects to the doing of an act; and 1 (b) the State is required to ensure that the objection to the doing of the 2 act is heard by an independent person or body. 3 '(2) The tribunal has jurisdiction to hear the objection.'. 4 Amendment of sch 1 (Requirements for constituting tribunal) 5 9.(1) Schedule 1, '452'— 6 omit, insert— 7 "454". 8 (2) Schedule 1, '497'— 9 omit, insert— 10 512'. 11 (3) Schedule 1, '544'— 12 omit, insert— 13 "568". 14 (4) Schedule 1, '578'— 15 omit, insert— 16 "609". 17 (5) Schedule 1, table appearing under the heading 'MINERAL 18 RESOURCES ACT 1989', section of table headed 'Compensation'— 19 omit, insert— 20 'Mining leases under part 17, division 3 or 4 and other mining 21 tenements to which part 17, division 3 or 4 is applied 22 634 native title issues panel decision 669 native title issues panel decision Clause s 10 23 Native Title (Queensland) State Provisions s 10 Amendment Compensation part 18 decision about panel'. compensation (6) Schedule 1, section of schedule headed 'General', section 1(1), "'tenure'— omit, insert— 'tenement'. Amendment of sch 2 (Negotiated agreements) 10.(1) Schedule 2, 'The following agreements'— omit, insert— "1. The following agreements'. (2) Schedule 2, second dot point, '495'— omit, insert— "510°. (3) Schedule 2, second dot point,'496'— omit, insert— 'S11'. (4) Schedule 2, third dot point,'542'— omit, insert— "566°. (5) Schedule 2, third dot point,'543'— omit, insert— '567°. (6) Schedule 2, last dot point— omit, insert— " part 18 (Compensation provisions). * an agreement about payment of compensation mentioned in nan FF WN Nowe ES Mon 11131517192123 25 Clause Clause Clause sll 24 s 13 Native Title (Queensland) State Provisions Amendment 2. A reference in item | to a provision of the Mineral Resources Act 1989 includes a reference to the provision as applied by another provision, or other provisions, of the native title (mining) provisions.'. Amendment of sch 4 (Dictionary) 11.(1) Schedule 4, definition "mining tenure", 'tenure'-— omit, insert— 'tenement'. (2) Schedule 4, definition "native title (mining) provisions", after '18'— omit, insert— and part 19, division 2'. (3) Schedule 4, definition "non-native title (mining) provisions", after '18'— omit, insert— ' and part 19, division 2'. PART 4—AMENDMENT OF MINERAL RESOURCES ACT 1989 Act amended in pt 4 12. This part amends the Mineral Resources Act 1989. Amendment of s 5 (Definitions) 13.(1) Section 5, definition "prospect"— omit. wn Com ND WN Bp 11 13 15 17 19 21 Clause Clause s14 25 $15 Native Title (Queensland) State Provisions Amendment (2) Section 5— insert— ' "approved form" see section 416A. "prospect" see section 6B.'. Insertion of new s 6B 14. After section 64— insert— "Meaning of "prospect" '6B.(1) "Prospect" means take action to find out about the existence, quality or quantity of minerals on, in or under land by— (a) using a metal detector or a similar hand held instrument; or (b) sampling using only hand held implements, including, for example, hammers, hand augers, panning dishes, picks, shakers shovels, sieves. "(2) However, "prospect" does not include taking action that is— (a) hand mining; or (b) the removal of minerals for their sale.'. Insertion of new s 10A 15. Part 1— insert— 'Extension of certain entitlements to registered native title bodies corporate and registered native title claimants "10A.(1) To the extent that a provision of part 3, other than section 19(1) or 34, applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land. 1922 24 26 Clause Clause Clause s 16 26 $18 Native Title (Queensland) State Provisions Amendment '(2) To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land. "(3) In sections 34, 96(10), 125, 169, 198(9), 217, 231(6), 300(11) and 317, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land. "(4) In this section— "pegging purposes", in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.'. Amendment of s 24 (Grant of prospecting permit) 16. Section 24(1)(a), after 'part'— insert— ', and otherwise complied with the requirements of this Act'. Amendment of s 25 (Conditions of prospecting permit) 17. Section 25— insert— "(6) If a prospecting permit is subject to a condition imposed under section 433,1 the condition is taken to be a condition of the permit of which notice has been served on the holder.'. Insertion of new s 25A 18. After section 25— insert— 1 Section 433 (Requirement to consult) COCmMmAND NARWNYH e Oo RP Re WNre 1517 192226 Clause Clause s 19 27 s 20 Native Title (Queensland) State Provisions Amendment 'Indigenous land use agreement conditions '25A.(1) This section applies if— (a) (b) (c) (d) an indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and the State is a party to the agreement; and the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the "stated conditions"); and the prospecting permit is granted. "(2) The prospecting permit is subject to the stated conditions. '(3) The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.'. Amendment of s 74 (Grant of mining claim to which no objection is lodged) 19. Section 74(2)(a), after 'part'— insert— 'and the requirements of this Act have otherwise been complied with'. Insertion of new ss 81A and 81B 20. After section 81— insert— 'Consultation and negotiated agreement conditions *81A.(1) This section applies if— (a) a consultation agreement under part 14, division 2, or a negotiated agreement under part 17, division 3 or 4, provides for the grant, renewal or variation of, or another act concerning, a mining claim; and oon Hn NA BW N eS eK Oo ion' wn 15 17202226 $21 28 $21 Native Title (Queensland) State Provisions Amendment (b) the agreement includes conditions to be complied with by 1 or more of the parties to the agreement; and (c) the mining registrar consents to the mining claim being subject to 1 or more of the conditions (the "consent conditions"); and (d) the act is done. '(2) The mining claim is subject to the consent conditions. 'Other agreement conditions "81B.(1) This section applies if— (a) an indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mining claim; and (b) the State is a party to the agreement; and (c) the agreement includes a requirement that, if the act is done, the mining claim must be subject to conditions stated in the agreement (the "stateed conditions"); and (d) the act is done. '(2) The mining claim is subject to the stated conditions.'. Amendment of s 82 (Variation of conditions of mining claim) Clause 21.(1) Section 82— insert— "(2) However, the mining registrar must not vary a condition of a mining claim if— (a) the condition was decided or recommended by the tribunal under the native title provisions; or Dn nA Fw Ne 1113 1619 2124 26 $22 29 s 24 Native Title (Queensland) State Provisions Amendment (b) the mining claim is a surface alluvium (gold or tin) mining claim under part 14, division 2, but after the variation, the mining claim would no longer be a surface alluvium (gold or tin) mining claim.'. (2) Section 82(2) and (3)— renumber as section 82 (3) and (4). Amendment of s 91 (Initial term of mining claim) Clause 22. Section 91(1), '5 years'-— omit, insert— "10 years'. Amendment of s 93 (Renewal of mining claim) Clause 23.(1) Section 93(3), 'shall grant'— omit, insert— "must, subject to part 14, division 5, grant'. (2) Section 93(3), '5 years'-— omit, insert— "10 years'. Amendment of s 137 (Grant of exploration permit) Clause 24. Section 137(1)(a), after 'with'— insert— 'and that the requirements of this Act have otherwise been complied with'. Hn nA fBWwWNH 1214161922 s25 30 s25 Native Title (Queensland) State Provisions Amendment Insertion of new ss 141A-141C Clause 25. After section 141— insert— 'Consultation and negotiated agreement conditions "141A.(1) This section applies if— (a) an agreement under section 510 or 511,2 or a negotiated agreement under part 17, division 4,3 provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and (b) the agreement includes conditions to be complied with by 1 or more of the parties to the agreement; and (c) the Minister consents to the exploration permit being subject to 1 or more of the conditions (the "consent conditions"); and (d) the act is done. "(2) The exploration permit is subject to the consent conditions. 'Other agreement conditions "141B.(1) This section applies if— (a) an indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, an exploration permit; and (b) the State is a party to the agreement; and (c) the agreement includes a requirement that, if the act is done, the exploration permit must be subject to conditions stated in the agreement (the "stated conditions"); and 2 Section 510 (Agreement with or without conditions) or 511 (Agreement with conditions) 3 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas) 17 192126 s 26 31 s 26 Native Title (Queensland) State Provisions Amendment (d) the act is done. "(2) The exploration permit is subject to the stated conditions. "Application to vary conditions of existing permit "141C.(1) The holder of an exploration permit (the "existing permit") may apply to the Minister for a variation of the conditions of the existing permit. '(2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 1334 "(3) Without limiting subsection (2), in deciding the application, the Minister may— (a) vary the conditions of the existing permit by imposing conditions under section 141(1)(k)5 in addition to any conditions that apply under the existing permit; and (b) fix an amount of security to be deposited under section 1446 in addition to any security for the existing permit. "(4) On the granting of the application, the varied conditions, including imposed conditions mentioned in subsection (3)(a), are included in the existing permit.'. Amendment of s 144 (Provision of security) Clause 26.(1) Section 144(1), after 'renewed'— insert— 'or a condition of the permit is varied'. (2) Section 144(4)— omit, insert— 4 — Section 133 (Application for exploration permit) 5 Section 141 (Conditions of exploration permit) 6 Section 144 (Provision of security) eee ee BWHW KF Oo CMON AWA WwW eR num Ree Re 'oon 212325 Clause Clause $27 32 s 28 Native Title (Queensland) State Provisions Amendment "(4) An exploration permit must not be granted or renewed, and a condition of an exploration permit must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.'. Amendment of s 147 (Renewal of exploration permit) 27. Section 147(1), from 'such that' to 'subsequent terms'— omit, insert— 'that'. Insertion of new s 176A 28. After section 176— insert— "Application to add excluded land to existing permit "176A.(1) The holder of an exploration permit (the "existing permit") may apply to the Minister to add excluded land to the existing permit. '(2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 133.7 "(3) Without limiting subsection (2), in deciding the application, the Minister may— (a) impose conditions under section 141(1)(k)8 in addition to any conditions that apply under the existing permit; and (b) fix an amount of security to be deposited under section 1449 in addition to any security for the existing permit. 7 — Section 133 (Application for exploration permit) 8 Section 141 (Conditions of exploration permit) 9 Section 144 (Provision of security) BwWNe ont nwn 1114 1619 21 23 Clause Clause Clause s 29 33 s31 Native Title (Queensland) State Provisions Amendment '(4) On the granting of the application, the excluded land is included in the existing permit. '(5) In this section— "excluded land" means land that was the subject of a specific exclusion when the existing permit was granted.'. Amendment of s 182 (Land is excluded from mineral development licence if covered by other authority under Act) 29.(1) Section 182(1)(a), 'chief executive'— omit, insert— 'mining registrar'. (2) Section 182(4), after 'licence' (second mention)— insert— 'unless the mineral development licence provides otherwise'. Amendment of s 183 (Application for mineral development licence) 30.(1) Section 183(h) and (i), 'chief executive'-— omit, insert— 'mining registrar'. (2) Section 183()}— omit, insert— '(1)_ be lodged with the mining registrar; and'. Amendment of s 184 (Description of mineral development licence) 31. Section 184, 'chief executive'— omit, insert— 'mining registrar'. nk WwW NPE 1517192224 Clause Clause Clause Clause s 32 34 s 35 Native Title (Queensland) State Provisions Amendment Amendment of s 189 (Abandonment of application for mineral development licence) 32. Section 189(1) and (2), 'chief executive'— omit, insert— "mining registrar'. Amendment of s 190 (Provision of security) 33.(1) Section 190(1), after 'renewed'— insert— 'or a condition of the licence is varied'. (2) Section 190(2)— omit, insert— "(2) A mineral development licence must not be granted or renewed, and a condition of a mineral development licence must not be varied, until the applicant for the grant, renewal or variation deposits the security decided under this section.'. (3) Section 190(7), 'chief executive'— omit, insert— "mining registrar'. Amendment of s 192 (Initial term of mineral development licence) 34. Section 192(1), 'in exceptional circumstances'— omit. Insertion of new ss 194AA—194AC 35. After section 194— insert— nA BW NE Nowe ES Mon 11 1315 172023 s 35 35 s 35 Native Title (Queensland) State Provisions Amendment 'Consultation and negotiated agreement conditions "194AA.(1) This section applies if— (a) (b) (c) (d) an agreement under section 566 or 567,10 or a negotiated agreement under part 17, division 4,!! provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and the agreement includes conditions to be complied with by 1 or more of the parties to the agreement; and the Minister consents to the mineral development licence being subject to 1 or more of the conditions (the "consent conditions"); and the act is done. '(2) The mineral development licence is subject to the consent conditions. 'Other agreement conditions "194AB.(1) This section applies if— (a) (b) (c) (d) an indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mineral development licence; and the State is a party to the agreement; and the agreement includes a requirement that, if the act is done, the mineral development licence must be subject to conditions stated in the agreement (the "stated conditions"); and the act is done. "(2) The mineral development licence is subject to the stated conditions. 10 Section 566 (Agreement with or without conditions) or 567 (Agreement with conditions) 11 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas) ia Re eS Nu FOO DY DANBW = w 15 17192326 Clause Clause s 36 36 s 37 Native Title (Queensland) State Provisions Amendment "Application to vary conditions of existing licence "194AC.(1) The holder of a mineral development licence (the "existing licence") may apply to the Minister for a variation of the conditions of the existing licence. '(2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183.12 "(3) Without limiting subsection (2), in deciding the application, the Minister may— (a) vary the conditions of the existing licence by imposing conditions under section 194(1)(k)!3 in addition to any conditions that apply under the existing licence; and (b) fix an amount of security to be deposited under section 19014 in addition to any security for the existing licence. "(4) On the granting of the application, the varied conditions, including imposed conditions mentioned in subsection (3)(a), are included in the existing licence.'. Amendment of s 197 (Renewal of mineral development licence) 36. Section 197(3), 'in exceptional circumstances'— omit. Amendment of s 208 (Adding other minerals to licence) 37. Section 208(1), 'chief executive'— omit, insert— "mining registrar'. 12 Section 183 (Application for mineral development licence) 13 Section 194 (Conditions of mineral development licence) 14 Section 190 (Provision of security) CO YAWN BWh 1114 16192224 Clause Clause s 38 37 s 39 Native Title (Queensland) State Provisions Amendment Insertion of new s 226AA 38. After section 226— insert— "Application to add excluded land to existing licence '226AA.(1) The holder of a mineral development licence (the "existing licence") may apply to the Minister to add excluded land to the existing licence. '(2) The provisions of this part apply, with necessary changes, to an application under subsection (1) as if it were an application under section 183.15 "(3) Without limiting subsection (2), in deciding the application, the Minister may— (a) impose conditions under section 194(1)(k)!6 in addition to any conditions that apply under the existing licence; and (b) fix an amount of security to be deposited under section 19017 in addition to any security for the existing licence. "(4) On the granting of the application, the excluded land is included in the existing licence. "(5) In this section— "excluded land" means land that was the subject of a specific exclusion when the existing licence was granted.'. Amendment of s 230 (Plant remaining on former mineral development licence may be sold etc.) 39. Section 230(1), 'chief executive'— omit, insert— "mining registrar'. 15 Section 133 (Application for mineral development licence) 16 Section 141 (Conditions of mineral development licence) 17 Section 190 (Provision of security) Cm ADM RP WN 12 14 16 18 21 23 26 Clause Clause s 40 38 s41 Native Title (Queensland) State Provisions Amendment Amendment of s 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 40. Section 271(1), after 'section 269(4)'— insert— *, 610, any native title issues decision of the tribunal under part 17, division 3 or 4 or any substituted decision made by the Minister under part 17, division 3 or 4 in overruling the tribunal's native title issues decision,'. Insertion of new ss 276A and 276B 41. After section 276— insert— 'Consultation and negotiated agreement conditions '276A.(1) This section applies if— (a) aconsultation agreement under part 17, division 2, or a negotiated agreement under part 17, division 3 or 4,!8 provides for the grant, renewal or variation of, or another act concerning, a mining lease; and (b) the agreement includes conditions to be complied with by 1 or more of the parties to the agreement; and (c) the Minister consents to the mining lease being subject to 1 or more of the conditions (the "consent conditions"); and (d) the act is done. "(2) The mining lease is subject to the consent conditions. 'Other agreement conditions '276B.(1) This section applies if— 18 Part 17 (Native title provisions for mining leases), divisions 3 (Other mining leases on alternative provision areas) and 4 (Other mining leases not on alternative provision areas) NYDN FB WY Ne o 111416 18 20 22 24 s 42 39 s 43 Native Title (Queensland) State Provisions Amendment (a) (b) (c) (d) an indigenous land use agreement under the Commonwealth Native Title Act, or an agreement mentioned in section 31(1)(b) of the Commonwealth Native Title Act, provides for the grant, renewal or variation of, or another act concerning, a mining lease; and the State is a party to the agreement; and the agreement includes a requirement that, if the act is done, the mining lease must be subject to conditions stated in the agreement (the "stated conditions" ); and the act is done. '(2) The mining lease is subject to the stated conditions.'. Amendment of s 286 (Renewal of mining lease) Clause 42. Section 286(3), 'shall recommend'— omit, insert— 'must, subject to part 17, division 5, recommend'. Amendment of s 294 (Variation of conditions of mining lease) Clause 43.(1) Section 294— insert— "(2) However, the Governor in Council must not vary a condition of a mining lease if— (a) (b) the mining lease is a surface alluvium (gold or tin) mining lease under part 17, division 2;!19 and the variation were to be made, the mining lease would no longer be a surface alluvium (gold or tin) mining lease.'. 19 Part 17 (Native title provisions for mining leases), division 2 (Surface alluvium (gold or tin) mining leases) CAHY HD APRPWNHNH eS eK Oo 1315 1720 22 24 s 44 40 s 46 Native Title (Queensland) State Provisions Amendment (2) Section 294(2) and (3)— renumber as section 294 (3) and (4). Amendment of s 315 (Approval of additional activities upon mining lease application) Clause 44.(1) Section 315(9), 'subsection (1)'— omit, insert— 'subsection (2)'. (2) Section 315— insert— '(11) The Minister must not grant an approval under this section for the entry of non-exclusive land under the native title provisions.'. Amendment of s 412 (Offences and recovery of penalties etc.) Clause 45. Section 412(1), after 'this Act', first mention— insert— ', other than a provision of the native title provisions,'. Insertion of new s 416A Clause 46. After section 416— insert— 'Approval of forms '416A. The chief executive may approve forms for use under this Act.'. Ko Oo ON DA WN FW ee Sl a on' na FB W N 1719 Clause Clause Clause Clause s47 41 s 50 Native Title (Queensland) State Provisions Amendment PART 5—AMENDMENT OF NATIVE TITLE (QUEENSLAND) ACT 1993 Act amended in pt 5 47. This part amends the Native Title (Queensland) Act 1993. Amendment of s 7 (Object of part) 48. Section 7— insert— '(2) The object of this part is also to validate, under section 24EBA(3)20 of the Commonwealth Native Title Act, certain future acts.'. Amendment of s 9 (Application of remaining provisions of part) 49. Section 9, after 'of this part'— insert— ', other than division 4,'. Insertion of new div 4 50. Part 2, after section 15— insert— 'Division 4—Validation of certain future acts 'Effect of registration on previous acts covered by indigenous land use agreements (NTA, s 24EBA(1) and (3)) *15A.(1) This section applies if— 20 Section 24EBA (Effect of registration on previous acts covered by indigenous land use agreements) of the Commonwealth Native Title Act Ceo YN Dw 1113 1517 19 s51 42 s51 Native Title (Queensland) State Provisions Amendment (a) details are on the Register of Indigenous Land Use Agreements of an agreement that includes a statement to the effect that the parties agree to— (i) the validating of a particular future act (other than an intermediate period act), or future acts (other than intermediate period acts) included in classes, that have already been done invalidly; or (11) the validating, subject to conditions, of a particular future act (other than an intermediate period act), or of future acts (other than intermediate period acts) included in classes, that have already been done invalidly; and (b) the future act or class of acts is attributable to the State; and (c) the State is a party to the agreement; and (d) if, under the agreement or otherwise, a person other than the Crown in right of the Commonwealth, a State or a Territory is or may become liable to pay compensation in relation to the act or class of acts—that person is a party to the agreement. '(2) If this section applies in relation to a future act, the act is valid, and is taken always to have been valid. "(3) If this section applies in relation to a class of future acts, all acts included in the class are valid, and are taken always to have been valid.'. PART 6—AMENDMENT OF NATIVE TITLE (QUEENSLAND) STATE PROVISIONS AMENDMENT ACT (No. 2) 1998 Act amended in pt 6 Clause 51. This part amends the Native Title (Queensland) State Provisions Amendment Act (No. 2) 1998. BPOUAM YADWNAR WHHE Se See N = w eee uw Nanny ee \o NN re Oo 2327 Clause Clause Clause s 52 43 s 54 Native Title (Queensland) State Provisions Amendment Amendment of s 2 (Commencement) 52. Section 2— insert— '(2) The Acts Interpretation Act 1954, section 15DA2! does not apply to this Act.'. Amendment of s 7 (Amendment of s 5 (Definitions)) 53. Section 7, inserted definition "native title provisions"— insert— ' * part 19, division 2.'. Replacement of ss 9-12 54. Sections 9 to 12— omit, insert— 'Insertion of new pts 12-18 "9, After section 418— insert— 'PART 12—INTRODUCTION TO NATIVE TITLE PROVISIONS 'Application of native title provisions '419.(1) The native title provisions state additional requirements that apply for certain grants, renewals and variations of, and certain other acts concerning, mining tenements, including requirements for compensation, if the grants, renewals, variations and other acts concern non-exclusive land. 21° Acts Interpretation Act 1954, section 15DA (Automatic commencement of postponed law) Nowe ES Mon 11315 17 2022 s 54 44 s 54 Native Title (Queensland) State Provisions Amendment "(2) Whether or not the additional requirements apply for particular acts concerning mining tenements, and the extent to which the additional requirements apply, may be determined from individual application provisions located in parts 13 to 18, and part 19, division 2. "(3) However, no additional requirements under parts 13 to 18, and part 19, division 2 apply to an act if a notice under section 2922 of the Commonwealth Native Title Act in relation to the act, required to be given as part of complying with the right to negotiate provisions, was given before the commencement of this section. "(4) Nothing in parts 12 to 18 limits the operation of section 26D of the Commonwealth Native Title Act in relation to an act mentioned in the section. 'Exclusion of certain agreed acts from pts 13 to 17 "420. Parts 13 to 17 do not apply to an act that is the grant of a prospecting permit, or the grant, renewal or variation of, or another act concerning, a mining claim, exploration permit, mineral development licence or mining lease if— (a) there is an indigenous land use agreement registered on the register of indigenous land use agreements; and (b) the agreement includes statements to the effect that— (i) the parties to the agreement consent, with or without stated conditions, to the doing of the act; and (11) the right to negotiate provisions are not intended to apply to the act. 'Effect of failure to comply with native title provisions "421. An act to which the native title provisions apply is invalid to the extent that it affects native title unless— 22 Section 29 (Notification of parties affected) of the Commonwealth Native Title Act CHOIDN BwWHE eee NRO 1517 19 22 24 27 s 54 45 s 54 Native Title (Queensland) State Provisions Amendment (a) the procedures of the native title provisions that are required to be complied with by the State before the act is done are complied with by the State, to the extent that the State is a party to any consultation or negotiation about the doing of the act; and (b) the procedures of the native title provisions that are required to be complied with by the applicant for the doing of the act before the act is done are complied with by the applicant. 'Definitions for native title provisions "422. In the native title provisions— "alternative provision area" means an alternative provision area under section 43A(2) of the Commonwealth Native Title Act. "applicant", for a proposed mining tenement, includes a person who intends to apply for the proposed mining tenement. "approved opal or gem mining area" means an area of land that is— (a) an approved opal or gem mining area determined in writing by the Commonwealth Minister under section 26C23 of the Commonwealth Native Title Act; and (b) prescribed under a regulation. "decision" includes the following— (a) a determination; (b) a recommendation made by the Minister or the tribunal and any thing done by the Minister or the tribunal for the making of a recommendation. "mining tenement" means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease. "native title notification party", for land, means an entity that is— (a) a registered native title body corporate in relation to any of the land; or 23 Section 26C (Excluded opal or gem mining) of the Commonwealth Native Title Act ADDN FwWNWwHeE 11 13 16192225 28 s 54 46 s 54 Native Title (Queensland) State Provisions Amendment (b) a registered native title claimant in relation to any of the land; or (c) arepresentative Aboriginal/Torres Strait Islander body for an area that includes any of the land. "non-exclusive land" means land over which native title has not been extinguished, but only to the extent that the land is a place mentioned in section 26(3)?4 of the Commonwealth Native Title Act. "registered native title rights and interests" means— (a) in relation to a registered native title claimant—the native title rights and interests described in the relevant entry on the Register of Native Title Claims; and (b) in relation to a registered native title body corporate—the native title rights and interests described in the relevant entry on the National Native Title Register established and maintained under part 8 of the Commonwealth Native Title Act. "relevant special interest publication", for a proposed mining tenement, means a newspaper or magazine that— (a) caters mainly or exclusively for the interests of Aboriginal peoples or Torres Strait Islanders; and (b) circulates in the geographical area that may be affected by the proposed mining tenement or, if the area is an offshore place, the geographical area closest to it; and (c) is published at least once a month. "right to negotiate provisions" means part 2, division 3, subdivision P25 of the Commonwealth Native Title Act. 24 Section 26(3) (When Subdivision applies - Seas and intertidal zone excluded) of the Commonwealth Native Title Act 25 Part 2 (Native Title), division 3 (Future acts etc. and native title), subdivision P (Right to negotiate) of the Commonwealth Native Title Act — SCO CO NY ANF wn 1214 16 18 2024 s 54 47 s 54 Native Title (Queensland) State Provisions Amendment 'Other provisions for interpretation of native title provisions "423.(1) Words and expressions used in the Commonwealth Native Title Act and the native title provisions have the same meaning in the native title provisions as they have in the Commonwealth Native Title Act. "(2) Subsection (1) applies except so far as the context or subject matter otherwise indicates or requires. "(3) However, subsection (1) does not apply to a word or expression defined in section 5.26 (4) Without limiting subsection (3), a reference in the native title provisions to land, or to land or waters, is a reference to land as defined in section 5. "Application of Judicial Review Act "424.(1) This section applies to an act to which the alternative provisions apply. "(2) To ensure compliance with section 43A(4)(f) of the Commonwealth Native Title Act, it is declared that the decision to do the act is a decision to which the Judicial Review Act 199] applies. "(3) Subsection (2) does not limit the Judicial Review Act 1991. "(4) In this section— "alternative provisions" means laws of Queensland that, under a determination of the Commonwealth Minister made under section 43A of the Commonwealth Native Title Act, have effect instead of the right to negotiate provisions. 26 Section 5 (Definitions) FOO oN AYN BPwWHY ee 14 1619 2123 s 54 48 s 54 Native Title (Queensland) State Provisions Amendment "PART 13—NATIVE TITLE PROVISIONS FOR PROSPECTING PERMITS 'Division 1—Preliminary "Purpose of pt 13 '425. The purpose of this part is— (a) to state additional requirements that apply for— (i) the granting of a prospecting permit under part 3 if the permit is a proposed low impact prospecting permit over non-exclusive land; and (11) the exercise of the entitlement, under a low impact prospecting permit, to enter non-exclusive land; and (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26A27 of the Commonwealth Native Title Act. "Application of pt 13 "426.(1) This part applies to the granting of a prospecting permit if— (a) the permit is a low impact prospecting permit; and (b) the granting of the permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (11) that is an approved exploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act. 27 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act eo BEo COMI DA WN LE eee KRwWN 161821 23 s 54 49 s 54 Native Title (Queensland) State Provisions Amendment (2) However, this part applies to the granting of the prospecting permit— (a) only to the extent that the prospecting permit relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the permit is non-exclusive land, whether or not an alternative provision area. '(3) The requirements of this part are additional to the requirements of part 3. 'Exclusion of certain prospecting permits from pt 13 '427. This part does not apply to a prospecting permit if the permit is solely for purposes necessary to enable the permit holder to apply for the granting of a mining claim or mining lease. 'Limited application of pt 13 to prospecting permit in approved opal or gem mining area "428. This part does not apply to an act relating to a prospecting permit in an approved opal or gem mining area to the extent that the act is excluded from the application of the right to negotiate provisions under section 26(2)(d)?8 of the Commonwealth Native Title Act. 'Definitions for pt 13 "429, In this part— "applicant" means the applicant for the proposed low impact prospecting permit. "application notice" see section 431(1). "consultation period" see section 435. "low impact prospecting permit" see section 430. 28 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act Oo eo ND nn & WwW Ne 1215 1719 21 23 26 s 54 50 s 54 Native Title (Queensland) State Provisions Amendment "Meaning of "low impact prospecting permit" for pt 13 "430. For this part, a "low impact prospecting permit" is a prospecting permit that— (a) is granted over land that is, or includes, non-exclusive land; and (b) at least to the extent the permit is granted over non-exclusive land, excludes all entitlement to enter for hand mining. 'Division 2—Notification requirements "Requirement to notify "431.(1) The applicant must give written notice (the "application notice") of the applicant's intention to lodge an application for a low impact prospecting permit, or of the lodgement of the application, to— (a) each native title notification party for the land to which the application relates; and (b) the mining registrar. '(2) The notice must be given no earlier than 14 days before the lodgement, and no later than— (a) the lodgement; or (b) if, under section 432, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(3) The notice must state the following— (a) whether or not the application has been lodged; (b) aclear description of the land, and its location; (c) details of the activities proposed for the land; (d) an outline of the expected impact on the land of the proposed activities; DAN fF WN 11 13 16 192224 26 s 54 51 s 54 Native Title (Queensland) State Provisions Amendment (e) that the applicant must not act under the permit applied for to enter 1 non-exclusive land unless the applicant has complied with all the 2 applicant's obligations for consultation with the native title 3 notification parties under division 3. 4 "(4) The notice may also state a day for consultation to start under 5 division 3. 6 "(5) The day must be at least 14 days after the giving of the notice to all 7 of the native title notification parties. 8 'Failure to notify correctly 9 "432.(1) If the mining registrar is satisfied that a written notice given, or 10 purportedly given, under section 431 has not been given in accordance with 11 the requirements of section 431(1) and (2) or does not comply with the 12 requirements of section 431(3) to (5), the mining registrar must— 13 (a) give the applicant a written direction to give a new written notice 14 under section 431; and 15 (b) in the direction, nominate a period within which the direction 16 must be complied with. 17 "(2) The new notice, when given, must— 18 (a) state that it is a replacement notice; and 19 (b) identify the previous notice. 20 'Division 3—Consultation requirements before entry 21 "Requirement to consult 22 "433.(1) It is a condition of a low impact prospecting permit that the 23 permit holder must not act under the permit to enter, for the first time, 24 non-exclusive land unless the holder has consulted with each native title 25 notification party for the land to which the permit relates. 26 s 54 52 s 54 Native Title (Queensland) State Provisions Amendment "(2) However, the condition does not require consultation with a native title notification party if the party has given the permit holder a written notice that the party does not wish to be consulted about the proposed activities stated in the application notice. 'Consultation matters "434.(1) The purpose of the consultation is to minimise the impact of the low impact prospecting permit on the exercise of native title rights and interests in relation to the land that will be affected under the permit. '(2) In particular, the consultation must be about the matters mentioned in section 26A(7)?9 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (i1) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the permit; (c) the way in which any other thing that is authorised because of, results from, or otherwise relates to, the permit and affects native title rights and interests, is to be done. "Consultation period "435.(1) The "consultation period" for the permit— (a) starts on the day (the "consultation start day" )— (i) stated for that purpose in the application notice for the permit; or 29 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act BRWNe eorAID WN 1214 16 19 212427 s 54 53 s 54 Native Title (Queensland) State Provisions Amendment (11) if the day was not stated in the application notice, stated in a written notice given to each of the native title notification parties by the holder; and (b) ends 14 days after the consultation start day, or if a later or earlier time is agreed under subsection (3) or (4), the later or earlier time. "(2) A notice under subsection (1)(a)(ii) must be given at least 14 days before the consultation start day. "(3) The consultation period may be extended if, within 14 days after the consultation start day— (a) the holder and the native title notification parties agree to the extension; and (b) the mining registrar is notified of the extension. "(4) If at any time the holder and the native title notification parties agree there has been enough consultation, the consultation period is taken to end. 'Native title notification parties may seek mediation "436.(1) In the consultation period, a native title notification party may ask the mining registrar to hold a conference for mediation about the impact of the permit. "(2) A native title notification party or the permit holder may be represented at the conference by a lawyer. "(3) A party to the conference must pay the party's own costs for the conference. 'Notice of result of consultation '437.(1) The permit holder must, and any native title notification party may, as soon as practicable after the consultation period ends, give a written notice to the mining registrar about the consultation. "(2) The notice must state— (a) details of the consultation undertaken in the consultation period; and BPO COM NID WR WHE Se See N eile' Rw 1720 22 26 29 s 54 54 s 54 Native Title (Queensland) State Provisions Amendment (b) any outcome of the consultation; and (c) the day the holder proposes first to enter the land to which the native title rights and interests relate. "(3) A party who gives a notice to the mining registrar under this section must also give a copy of the notice to each other party. "(4) The copy of the notice by the holder must be given before the holder first enters the land "(5) If the permit holder does not comply with a requirement of this section about the giving of a notice or a copy of a notice, the permit holder commits an offence. Maximum penalty for subsection (5)—100 penalty units. "(6) In this section— "party" means— (a) apermit holder; or (b) anative title notification party. 'Mining registrar may take action "438. The mining registrar may impose conditions on the permit under section 2530 to address any matter raised by a native title notification party in the consultation. 30 Section 25 (Conditions of prospecting permit) Sl IAD AHR WY a a nA FB Ww NHN 18 s 54 55 s 54 Native Title (Queensland) State Provisions Amendment "PART 14—NATIVE TITLE PROVISIONS FOR MINING CLAIMS 'Division 1—Preliminary 'Purpose of pt 14 "439.(1) The purpose of this part is— (a) (b) to state additional requirements that apply for the granting of a mining claim, or the variation or renewal of a mining claim, under part 4 if the mining claim is a surface alluvium (gold or tin) mining claim over non-exclusive land; and in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26B3! of the Commonwealth Native Title Act. "(2) The purpose of this part is also— (a) (b) to state additional requirements that apply for the granting of a proposed mining claim, or variation or renewal of a mining claim, under part 4 over non-exclusive land if the mining claim is other than a surface alluvium (gold or tin) mining claim; and in stating the additional requirements, to provide alternative provisions under sections 43 and 43A32 of the Commonwealth Native Title Act. 31 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act 32. Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act s 54 56 s 54 Native Title (Queensland) State Provisions Amendment 'Limited application of pt 14 to mining claim in approved opal or gem mining area "440. This part does not apply to an act relating to a mining claim in an approved opal or gem mining area to the extent that the act is excluded from the application of the right to negotiate provisions under section 26(2)(d)33 of the Commonwealth Native Title Act. "Meaning of "surface alluvium (gold or tin) mining claim" "441. For this part, a "surface alluvium (gold or tin) mining claim" is a mining claim— (a) that is granted over land that is, or includes, non-exclusive land; and (b) under which the only right to mine is the right to mine gold or tin in surface alluvium; and (c) under which the only way gold or tin may be recovered from the material that is mined is by a washing or an aeration process; and (d) under which the person given the right to mine must rehabilitate any area of land or waters, in which the mining takes place and in relation to which native title rights and interests may exist, for the purpose of minimising the impact of the mining on the land or waters. 'Division 2—Surface alluvium (gold or tin) mining claims 'Subdivision 1—Preliminary "Application of div 2 "442.(1) This division applies to the granting of a proposed mining claim if— 33. Section 26 (When Subdivision applies) of the Commonwealth Native Title Act HNwn pW Ne 11 13 15 171925 s 54 57 s 54 Native Title (Queensland) State Provisions Amendment (a) the mining claim is a surface alluvium (gold or tin) mining claim; and (b) the granting of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (ii) that is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the granting of the proposed mining claim— (a) only to the extent that the mining claim relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mining claim is non-exclusive land, whether or not an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 4. 'Definitions for div 2 '443. In this division— "applicant" means the applicant for the proposed surface alluvium (gold or tin) mining claim. "consultation agreement" see section 451(4)(b). "consultation matters" includes the purpose of consultation stated in section 449(1) and the matters that consultation must be about under section 449(2). "consultation parties" see section 446. "consultation period" see section 448. "consultation result notice" see section 451(1). rr O oon Du fF WwW Ne ee ee wn Ree ns Ree na 19 21 2427 s 54 58 s 54 Native Title (Queensland) State Provisions Amendment "consultation start day" see section 444(3). "surface alluvium (gold or tin) mining claim" see section 441. 'Subdivision 2—Notification requirements "Requirement to notify "444.(1) The applicant must give written notice of the applicant's intention to lodge an application for a surface alluvium (gold or tin) mining claim, or of the lodgement of the application, to— (a) each native title notification party for the land the subject of the proposed mining claim; and (b) the Native Title Registrar. "(2) The notice must be given— (a) no earlier than 2 months before the lodgement; and (b) no later than— (i) the end of the period of 7 days after the certificate of application for the proposed mining claim is endorsed by the mining registrar under section 64(2);34 or (11) if the mining registrar decides a longer period under section 64(6), the end of the longer period; or (iii) if, under section 445, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(3) The notice must state the following— (a) whether or not the application has been lodged; (b) aclear description of the land, and its location; (c) details of the activities proposed for the land; 34 Section 64 (Certificate of application etc.) COM NHN fF 1113 1518 202325 s 54 59 s 54 Native Title (Queensland) State Provisions Amendment (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must consult with— (i) each registered native title body corporate for the land to which the application relates; and (11) each registered native title claimant for the land; (f) a day (the "consultation start day") for consultation to start under subdivision 3 that is at least 2 months after the giving of the notice to all of the native title notification parties; (g) that the native title notification parties have a right to be heard by the tribunal about whether the claim should be granted and other matters relating to the grant. 'Notification of mining registrar "445.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of section 444, the applicant must give the mining registrar information in the approved form about the applicant's compliance with section 444. '(2) A copy of the written notice given under section 444(1) must be attached to the approved form. "'(3) If the mining registrar is satisfied a written notice given, or purportedly given, under section 444 has not been given in accordance with the requirements of section 444(1) and (2), or does not comply with the requirements of section 444(3), the mining registrar must— (a) give the applicant a written direction to give a new written notice under section 444; and (b) in the direction, nominate a period within which the direction must be complied with. "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. Cortdt DA AR WwW NH eeu NFO 1517 19 2123 25 27 29 s 54 60 354 Native Title (Queensland) State Provisions Amendment 'Subdivision 3—Consultation requirements "Consultation parties "446. The "consultation parties", for a surface alluvium (gold or tin) mining claim application, are— (a) the applicant; and (b) each registered native title body corporate for the land the subject of the proposed mining claim; and (c) each registered native title claimant for the land. "Requirement to consult "447.(1) The applicant must consult with each other consultation party. (2) However, the applicant is not required to consult with another consultation party if the other party has given the applicant a written notice stating that the party does not wish to be consulted about the application. "Consultation period "448.(1) The "consultation period" for the application— (a) starts on the consultation start day; and (b) ends 2 months after the consultation start day, or if a later or earlier time is agreed under subsection (2) or (3), the later or earlier time. '(2) The consultation period may be extended to an agreed later time if, within 2 months after the consultation start day— (a) the consultation parties agree to the extension; and (b) the mining registrar is notified in writing of the extension. "(3) If at any time the consultation parties agree there has been enough consultation, the consultation period is taken to end. Oo ND WD PW Bw 12151821 23 25 s 54 61 s 54 Native Title (Queensland) State Provisions Amendment 'Consultation matters "449.(1) The purpose of the consultation is to minimise the impact of the granting of the surface alluvium (gold or tin) mining claim applied for on land or waters in relation to which native title rights and interests may exist and that will be affected by the granting of the mining claim. '(2) In particular, the consultation must be about the matters mentioned in section 26B(8)85 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (i1) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the mining claim applied for; (c) the way in which any rehabilitation or other thing that is authorised because of, results from, or otherwise relates to, the mining claim applied for, is to be done. "Consultation parties may seek mediation "450.(1) In the consultation period, a consultation party may ask the mining registrar to hold a conference for mediation about the application. "(2) Sections 65 to 70 apply to the conference as if the request were a request made under section 65(1)(a) by an owner of land affected by the application. 35 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act RwWN Bee ew WN FoOOF IDM os RP Ree NAW Nee ome) 23 26 s 54 62 s 54 Native Title (Queensland) State Provisions Amendment "(3) Despite section 66(3),36 a consultation party may be represented at the conference by a lawyer. "(4) Subject to any order made under section 70,37 a party to the conference must pay the party's own costs for the conference. 'Notice of result of consultation "451.(1) The applicant must, and a consultation party, other than the applicant, may, as soon as practicable after the consultation period ends, give a written notice (a "consultation result notice") to the mining registrar. '(2) The applicant must, as soon as practicable after giving a consultation result notice, give a copy of it to each other consultation party. "(3) Ifa consultation party, other than the applicant, gives a consultation result notice, the party must, as soon as practicable after giving the notice, give a copy of it to each other consultation party. "(4) A consultation result notice must state the following— (a) any outcome of the consultation; (b) whether the consultation parties have reached an agreement for the granting of the surface alluvium (gold or tin) mining claim applied for (a "consultation agreement"); (c) if a consultation agreement has not been reached, but the consultation parties have agreed in part about the granting of the surface alluvium (gold or tin) mining claim applied for, details of the partial agreement. "(5) If a consultation agreement has been reached, a copy of the consultation agreement, signed by all consultation parties, must be given to the mining registrar with the consultation result notice. "(6) The consultation agreement has effect, if the proposed mining claim is granted, as if— 36 Section 66 (Who may attend conference) 37 Section 70 (Tribunal may award costs) Bw Ne 26 28 s 54 63 354 Native Title (Queensland) State Provisions Amendment (a) any conditions included in the agreement are the terms of a contract; and (b) the consultation parties are parties to the contract; and (c) if a consultation party is a registered native title claimant—any individual included in the native title claim group concerned is a party to the contract. "(7) Subsection (6) has effect in addition to any other effect that the agreement may have apart from under subsection (6). "(8) The additional requirements provided for in subdivision 4 stop applying to the application if— (a) aconsultation result notice has been given; and (b) aconsultation agreement has been reached; and (c) all other native title notification parties for the land have waived their rights to be heard. 'Subdivision 4—Hearing requirements "Application of sdiv 4 '452. This subdivision applies only if— (a) the consultation period for an application for the granting of the surface alluvium (gold or tin) mining claim has ended; and (b) any of the following applies— (i) a consultation agreement has not been reached about the application; (11) the applicant has not given a consultation result notice within 7 days after the end of the consultation period; (11) at least 1 of the native title notification parties for the land the subject of the proposed mining claim has not waived the party's rights to be heard. ow! aon Dunk W NK Se Se Ne eile' Rw 17 19 22 24 26 s 54 64 s 54 Native Title (Queensland) State Provisions Amendment 'Native title notification parties' right to be heard "453.(1) Each native title notification party for the land has a right to be heard by the tribunal about— (a) whether the surface alluvium (gold or tin) mining claim applied for is to be granted; and (b) any other matter relating to the grant. '(2) A native title notification party may at any time, by a notice in writing to the mining registrar, waive the party's right to be heard. 'Fixing of combined hearing day "454.(1) The mining registrar must, within 14 days after the consultation period ends, fix a day for the tribunal to hear the application under section 72,38 as if an objection had been lodged under section 71.39 '(2) The mining registrar must give written notice of the day to— (a) each consultation party for the application; and (b) all other native title notification parties for the land who have not waived their rights to be heard. "(3) The notice must state that, at the hearing, each of the native title notification parties has a right to be heard by the tribunal about— (a) whether the surface alluvium (gold or tin) mining claim applied for is to be granted; and (b) any other matter relating to the grant. "(4) The mining registrar must not, under section 74,40 grant the application without a hearing. 38 Section 72 (Mining registrar to fix hearing date) 39 Section 71 (Objection to application for grant of mining claim) 40 Section 74 (Grant of mining claim to which no objection lodged) CN DA AR Wh 1114 16 18 20 23 s 54 65 s 54 Native Title (Queensland) State Provisions Amendment 'Tribunal must consider consultation matters and agreed issues "455. In hearing the application under section 774! and in making a decision under section 78,42 the tribunal must take into account— (a) the consultation matters; and (b) any issue agreed between the consultation parties; and (c) any other matter raised before the tribunal by a native title notification party relating to the grant of the surface alluvium (gold or tin) mining claim. 'Decision about compensation to be made at hearing "456. If, at the end of the hearing for the application, the consultation parties have not reached an agreement about compensation, the tribunal, whether or not an application has been made to the tribunal about compensation, must also make any compensation decision or compensation trust decision that is required to be made under part 1843 before the surface alluvium (gold or tin) mining claim is granted. "General time requirement for hearing "457.(1) The tribunal must take all reasonable steps to ensure the hearing for the application is finished within 3 months after the day the consultation parties were notified of the hearing. '(2) However, if the consultation parties ask, the tribunal may— (a) provide mediation about the issues in dispute to the extent that it considers referral of the parties to mediation will be consistent with finishing the combined hearing as soon as practicable; or (b) order further consultation on conditions it considers appropriate. 41 Section 77 (Tribunal hearing) 42 Section 78 (Tribunal's determination on hearing) 43 Part 18 (Compensation provisions) CID A B ww 111315 1822 s 54 66 354 Native Title (Queensland) State Provisions Amendment 'Subdivision 5—Notice of grant 'Notice of grant to other consultation parties "458.(1) If the mining registrar grants the surface alluvium (gold or tin) mining claim, the holder of the mining claim must, within 28 days after the holder receives notice of the grant, give a written notice complying with subsection (2) to the following— (a) each other consultation party; (b) each representative Aboriginal/Torres Strait Islander body heard by the tribunal in any hearing for the grant of the surface alluvium (gold or tin) mining claim. Maximum penalty—100 penalty units. "(2) The written notice must— (a) advise the granting of the surface alluvium (gold or tin) mining claim; and (b) state the conditions of the surface alluvium (gold or tin) mining claim. 'Division 3—Other mining claims on alternative provision areas "Application of div 3 "459.(1) This division applies to the granting of a proposed mining claim if— (a) the mining claim is other than a surface alluvium (gold or tin) mining claim; and (b) the granting of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and Be Be Nb EF Sle YA ANRW WL eile' Rw FR loon 20 22 24 26 s 54 67 s 54 Native Title (Queensland) State Provisions Amendment (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mining claim— (a) only to the extent that the mining claim relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mining claim is non-exclusive land that is an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 4. "(4) Despite subsections (1) to (3), this division does not apply to the granting of the mining claim if the applicant elects that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. "Requirement for grant "460.(1) The additional requirements applying under part 17, division 344 for the granting of a proposed mining lease also apply for the granting of the proposed mining claim. "(2) The requirements apply with necessary changes. "(3) However, for applying section 62245 and other provisions about consultation and negotiation parties, the State is not a consultation and negotiation party. "Applying pt 17, div 3 for grant "461.(1) This section— (a) applies for applying the provisions of part 17, division 3; and 44 Part 17 (Native title provisions for mining leases), division 3 (Other mining leases on alternative provision areas) 45 Section 622 (Parties to consultation and negotiation) BPO COM ND WAR WNHYE ee RP Re Ree nA WN 182226 s 54 68 354 Native Title (Queensland) State Provisions Amendment (b) does not limit section 460(1). "(2) References to the Governor in Council are taken to be references to the mining registrar. "(3) Sections 623(3), 637(2) to (4), 641, 643, 646 and 647 do not apply. "(4) Section 636(3) is taken to require that the mining registrar may not act under section 74 to grant the mining claim unless a negotiated agreement has been reached. "(5) Section 645 does not apply, but the native title issues decision must be complied with by the mining registrar. "(6) A reference in part 17, division 3 to a provision of part 7 is taken to be a reference to a corresponding provision of part 4. 'Division 4—Other mining claims not on alternative provision areas "Application of div 4 "462.(1) This division applies to the granting of a proposed mining claim if— (a) the mining claim is other than a surface alluvium (gold or tin) mining claim; and (b) the granting of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mining claim— (a) only to the extent that the mining claim relates to a place that is on the landward side of the mean high-water mark of the sea; and BESO COM NINDN BF WN | ee a N 15 17 19 21 2326 28 s 54 69 354 Native Title (Queensland) State Provisions Amendment (b) only to the extent that the land the subject of the mining claim is non-exclusive land other than an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 4. "(4) Despite subsections (1) to (3), this division also applies to the granting of a mining claim to the extent that the land the subject of the proposed mining claim is non-exclusive land that is an alternative provision area, if the applicant elects under division 3 that the additional requirements stated in this division apply instead of the additional requirements stated in division 3. "Requirement for grant "463.(1) The additional requirements applying under part 17, division 446 for the granting of a proposed mining lease also apply for the granting of the proposed mining claim. "(2) The requirements apply with necessary changes. "Applying pt 17, div 4 for grant "464.(1) This section— (a) applies for applying the provisions of part 17, division 4; and (b) does not limit section 463(1). "(2) References to the Governor in Council are taken to be references to the mining registrar. "(3) For applying section 669, the pre-referral period is— (a) the period of 6 months starting on the notification day (native title issues); or 46 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas) SC ODN DMN hw NR 131719 21 24 s 54 70 s 54 Native Title (Queensland) State Provisions Amendment (b) if the registered native title parties for the non-exclusive land and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time. "(4) Section 671(3) is taken to require that the mining registrar must not act under section 74 to grant the mining claim unless a negotiated agreement has been reached. "(5) Sections 672(2) to (4), 676, 678 and subdivisions 6 and 7 do not apply. "(6) Section 680 does not apply, but the native title issues decision must be complied with by the mining registrar.. "(7) A reference in part 17, division 4 to a provision of part 7 is taken to be a reference to a corresponding provision of part 4. 'Division 5—Renewals of mining claims "Application of div 5 *465.(1) This division applies to the renewal of a mining claim if— (a) the mining claim is a surface alluvium (gold or tin) mining claim; and (b) the renewal of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (ii) that is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the renewal of a mining claim mentioned in subsection (1) only to the extent that the land the subject of the mining claim is non-exclusive land, whether or not an alternative provision area. CPIAD ARWNH 12 14 17 19 21 23 26 2830 s 54 71 s 54 Native Title (Queensland) State Provisions Amendment "(3) This division also applies to the renewal of a mining claim if— (a) the mining claim is other than a surface alluvium (gold or tin) mining claim; and (b) the renewal of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(4) However, this division applies to the renewal of a mining claim mentioned in subsection (3) only to the extent that the land the subject of the mining claim is non-exclusive land that is an alternative provision area. "(5) This division also applies to the renewal of a mining claim if— (a) the mining claim is other than a surface alluvium (gold or tin) mining claim; and (b) the renewal of the mining claim is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the renewal of a mining claim mentioned in subsection (5) only to the extent that the land the subject of the mining claim is non-exclusive land other than an alternative provision area. '(7) This division applies to the renewal of a mining claim mentioned in subsection (1), (3) or (5) only to the extent that the mining claim relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 4. s 54 72 s 54 Native Title (Queensland) State Provisions Amendment "(9) In this section— "renewal", of a mining claim, includes— (a) the re-grant of the mining claim; and (b) the re-making of the mining claim; and (c) the extension of the term of the mining claim. "Requirements for renewal—applying div 2 "466.(1) If this division applies to the renewal of a mining claim because of section 465(1), the additional requirements applying under division 247 for the granting of a surface alluvium (gold or tin) mining claim also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 2 for renewal "467.(1) This section— (a) applies for applying the provisions of division 2; and (b) does not limit section 466. '(2) For applying section 444(2), the following period is substituted for the periods mentioned in section 444(2)(b)(i) and (ii), that is the end of the period of 7 days after lodgement of the application for the renewal. "(3) Section 454(1) and (4) does not apply, but— (a) the mining registrar must within 14 days after the consultation period ends, fix a day for the tribunal to hear the application for the renewal; and (b) the tribunal must hear the application for the renewal as if the application for renewal were the application for a grant of a mining claim heard under section 77; and 47 Division 2 (Surface alluvium (gold or tin) mining claims) nA FB WwW NY CoMUWOON aD 1315 172124 s 54 73 s 54 Native Title (Queensland) State Provisions Amendment (c) the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 93(3). "(4) For applying section 455, the tribunal must also take into account information received from the Minister under subsection (3)(c). "Requirements for renewal—applying div 3 "468.(1) If this division applies to the renewal of a mining claim because of section 465(3), the additional requirements applying under division 348 for the granting of a mining claim other than a surface alluvium (gold or tin) mining claim on an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 3 for renewal "469.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 468. "(2) Section 461(4) does not apply. "(3) For applying section 461, subsections (4) to (8) of this section are taken to be included in section 461. "(4) For applying section 616(3), the following period is substituted for the periods mentioned in section 616(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the renewal. "(5) Section 623(1) and (3) does not apply, but the consultation and negotiation period for the proposed renewal starts on the day immediately after the closing day (native title issues) for the proposed renewal. 48 Division 3 (Other mining claims on alternative provision areas) BW Ne CM ID WN 121417 1922 s 54 74 s 54 Native Title (Queensland) State Provisions Amendment "(6) For applying part 17, division 3, subdivisions 4 and 5,49 if the proposed renewal is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 633. "(7) Sections 636 and 637 do not apply, but— (a) the mining registrar must within 14 days after the consultation and negotiation period ends, fix a day for the tribunal to hear the application for the renewal; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the renewal and make a native title issues decision; and (d) before making its native title issues decision, the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 286(3). "(8) For applying section 642, the tribunal must also take into account information received from the Minister under subsection (7)(d). "Requirements for renewal—applying div 4 "470.(1) If this division applies to the renewal of a mining claim because of section 465(5), the additional requirements applying under division 450 for the granting of a mining claim other than a surface alluvium (gold or tin) mining claim on non-exclusive land other than an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. 49 Part 17 (Native title provisions for mining leases), division 3 (Other mining leases on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 50 Division 4 (Other mining claims not on alternative provision areas) CID WA BWNHE 12 1417 2022 s 54 75 s 54 Native Title (Queensland) State Provisions Amendment "Applying div 4 for renewal "471.(1) This section— (a) applies for applying the provisions of division 4; and (b) does not limit section 470. "(2) Section 464(4) does not apply. "(3) For applying section 464, subsections (4) to (7) of this section are taken to be included in section 464. "(4) For applying section 652(3), the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the renewal. "(5) For applying part 17, division 4, subdivisions 4 and 5,5! if the proposed renewal is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 668. "(6) Sections 671 and 672 do not apply, but— (a) the mining registrar must within 14 days after the pre-referral period ends, fix a day for the tribunal to hear the application for the renewal; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the renewal and make a native title issues decision; and (d) before making its native title issues decision, the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 286(3). "(7) For applying section 677, the tribunal must also take into account information received from the Minister under subsection (6)(d). 51 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) s 54 76 s 54 Native Title (Queensland) State Provisions Amendment 'Division 6—Requirements for subsidiary approvals "Application of div 6 '472.(1) This division applies to the addition, under section 105, of specified minerals to a mining claim if— (a) were the mining claim to be granted again, but only for the stated minerals, the granting would be an act affecting native title rights and interests; and (b) the addition is an act to which the right to negotiate provisions would have otherwise applied; and (c) after the addition takes effect, the mining claim will be a surface alluvium (gold or tin) mining claim; and (d) the addition is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the addition mentioned in subsection (1) only to the extent that the addition relates to non-exclusive land, whether or not an alternative provision area. (3) This division also applies to the addition, under section 105, of specified minerals to a mining claim if— (a) were the mining claim to be granted again, but only for the stated minerals, the granting would be an act affecting native title rights and interests; and (b) the addition is an act to which the right to negotiate provisions would have otherwise applied; and (c) the addition relates to an alternative provision area; and (d) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(4) However, this division applies to the addition mentioned in subsection (3) only to the extent that the addition relates to an alternative provision area. FBO CHO ADN BW BDH See ee ROBY RP Ree NAW ee \o NNN NRO N RBS N Nn NNW ona wWwhy KH Soo s 54 77 s 54 Native Title (Queensland) State Provisions Amendment "(5) This division also applies to the addition, under section 105, of specified minerals to a mining claim if— (a) were the mining claim to be granted again, but only for the stated minerals, the granting would be an act affecting native title rights and interests; and (b) the addition is an act to which the right to negotiate provisions would have otherwise applied; and (c) the addition relates to non-exclusive land other than an alternative provision area; and (d) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the addition mentioned in subsection (5) only to the extent that the addition relates to non-exclusive land other than an alternative provision area. "(7) This division applies to an addition mentioned in subsection (1), (3) or (5) only to the extent that the addition relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 4. "Requirements for addition—applying div 2 '473.(1) If this division applies to the addition of minerals to a mining claim because of section 472(1), the additional requirements applying under division 252 for the granting of a surface alluvium (gold or tin) mining claim also apply for the renewal. "(2) The requirements apply with necessary changes. 52. Division 2 (Surface alluvium (gold or tin) mining claims) CO ADH ARwW NE 12 141720 2325 s 54 78 s 54 Native Title (Queensland) State Provisions Amendment "Applying div 2 for addition "474.(1) This section— (a) applies for applying the provisions of division 2; and (b) does not limit section 473. '(2) For applying section 444(2), the following period is substituted for the periods mentioned in section 444(2)(b)(i) and (ii), that is the end of the period of 7 days after lodgement of the application for the addition. "(3) Section 454(1) and (4) does not apply, but— (a) the mining registrar must within 14 days after the consultation period ends, fix a day for the tribunal to hear the application for the addition; and (b) the tribunal must hear the application for the addition as if the application for the addition were the application for a grant of a mining claim heard under section 77. "Requirements for addition—applying div 3 "475.(1) If this division applies to the addition of minerals to a mining claim because of section 472(3), the additional requirements applying under division 353 for the granting of a mining claim other than a surface alluvium (gold or tin) mining claim on an alternative provision area also apply for the addition. "(2) The requirements apply with necessary changes. "Applying div 3 for addition "476.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 475. "(2) Section 461(4) does not apply. 53 Division 3 (Other mining claims on alternative provision areas) 17192325 s 54 79 s 54 Native Title (Queensland) State Provisions Amendment "(3) For applying section 461, subsections (4) to (7) of this section are taken to be included in section 461. "(4) For applying section 616(3), the following period is substituted for the periods mentioned in section 616(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the addition. "(5) Section 623(1) and (3) does not apply, but the consultation and negotiation period for the proposed addition starts on the day immediately after the closing day (native title issues) for the proposed addition. "(6) For applying part 17, division 3, subdivisions 4 and 5,54 if the proposed addition is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 633. "(7) Sections 636 and 637 do not apply, but— (a) the mining registrar must within 14 days after the consultation and negotiation period ends, fix a day for the tribunal to hear the application for the addition; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the addition and make a native title issues decision. "Requirements for addition—applying div 4 '477.(1) If this division applies to the addition of minerals to a mining claim because of section 472(5), the additional requirements applying under division 455 for the granting of a mining claim other than a surface alluvium (gold or tin) mining claim on non-exclusive land other than an alternative provision area also apply for the addition. "(2) The requirements apply with necessary changes. 54 Part 17 (Native title provisions for mining leases), division 3 (Other mining leases on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 55 Division 4 (Other mining claims not on alternative provision areas) CIDA ARW NE 111518 20 2326 s 54 80 354 Native Title (Queensland) State Provisions Amendment "Applying div 4 for addition "478.(1) This section— (a) applies for applying the provisions of division 4; and (b) does not limit section 477. "(2) Section 464(4) does not apply. "(3) For applying section 464, subsections (4) to (6) of this section are taken to be included in section 464. "(4) For applying section 652(3), the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the addition. "(5) For applying part 17, division 4, subdivisions 4 and 5,56 if the proposed addition is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 668. "(6) Sections 671 and 672 do not apply, but— (a) the mining registrar must within 14 days after the pre-referral period ends, fix a day for the tribunal to hear the application for the addition; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the addition and make a native title issues decision. 56 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) s 54 81 s 54 Native Title (Queensland) State Provisions Amendment "PART 15—NATIVE TITLE PROVISIONS FOR 'Purpose of pt '479.(1) The (a) to stat (i) ¢ t (ii) ¢ EXPLORATION PERMITS 'Division 1—Preliminary purpose of this part is— e additional requirements that apply for— he granting of a proposed exploration permit, or the variation or renewal of an exploration permit, under part 5 if he permit is a low impact exploration permit over non-exclusive land; and he exercise of the entitlement, under a low impact exploration permit, to enter non-exclusive land; and (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26A57 of the Commonwealth Native Title Act. "(2) The purp ose of this part is also— (a) to state additional requirements that apply for the granting of a propo sed exploration permit, or the variation or renewal of an exploration permit, under part 5 if the permit is a high impact exploration permit over— (i) an alternative provision area; or (11) non-exclusive land other than land that includes all or part of an alternative provision area; and 57 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act s 54 82 s 54 Native Title (Queensland) State Provisions Amendment (b) in stating the additional requirements, to provide alternative provisions under sections 43 and 43A of the Commonwealth Native Title Act.58 'Limited application of pt 15 to exploration permit in approved opal or gem mining area "480. This part does not apply to an act relating to an exploration permit in an approved opal or gem mining area to the extent that the act is excluded from the application of the right to negotiate provisions under section 26(2)(d)59 of the Commonwealth Native Title Act. "Meaning of "low impact exploration permit" "481. For this part, a "low impact exploration permit" is an exploration permit that— (a) is granted over land that is, or that includes, non-exclusive land; and (b) has a condition that, to the extent that the land the subject of the permit is non-exclusive land, only low impact activities may be carried out. "Meaning of "low impact activity" "482. For this part, a "low impact activity", for an exploration permit, means the following activities— (a) aerial surveys; Examples— geological, geophysical, photogrammetric and topographic aerial surveys. 58 Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act 59 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act Ne w OmrnrD WAR 12 14 1620 23 s 54 83 s 54 Native Title (Queensland) State Provisions Amendment (b) (c) (d) geological and surveying field work that does not involve clearing; Examples— . flagging of sites and sample locations . geological reconnaissance and field mapping . surveying that does not involve clearing. sampling by hand methods; Examples— . grab sampling . mine tailings and mine mullock sampling . panning and sieving . rock chip sampling . stream sediment sampling (disturbed and undisturbed samples) . soil sampling (disturbed and undisturbed samples) . water sampling. ground-based geophysical surveys that do not involve clearing; Examples— . potential-field methods of surveying, including, for example, gravity, magnetic and radiometric surveys . electrical methods of surveying, including, for example, electromagnetic, ground penetrating radar, induced polarisation and resistivity surveys . seismic methods of surveying, including, for example, 'hammer', refraction and vibration-sourced surveys. drilling and activities associated with drilling that— (i) do not include clearing or site excavation, other than the minimum necessary to establish a drill pad for a mobile rig; and (11) do not include clearing for a road or track; Examples— . auger drilling Oo mA NANI DN FW NK a NDA wn BP WN KF CO ee \o 0 NN pp NFO N RB N nn NNW ona N \o Ww Ww cr O s 54 84 s 54 Native Title (Queensland) State Provisions Amendment . downhole geophysical logging . mechanical drilling. (f) environmental field work that does not involve clearing. Examples— . cultural heritage, environmental and geobotanical surveys . environmental monitoring. "Meaning of "high impact exploration permit" "483. For this part, a "high impact exploration permit" is an exploration permit that— (a) is granted over land that is, or includes, non-exclusive land; and (b) allows activities to be carried out that are not limited to low impact activities. 'Division 2—Low impact exploration permits 'Subdivision 1—Preliminary "Application of div 2 "484.(1) This division applies to the granting of a proposed exploration permit if— (a) the exploration permit is a low impact exploration permit; and (b) the granting of the exploration permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (11) that is an approved exploration etc. act under a determination n force under section 26A(1) of the Commonwealth Native Title Act. m. Hn fF WN 12 17 1922 24 s 54 85 s 54 Native Title (Queensland) State Provisions Amendment '(2) However, this division applies to the granting of the proposed exploration permit— (a) only to the extent that the exploration permit relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the exploration permit is non-exclusive land, whether or not an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 5. 'Definitions for div 2 '485. In this division— "applicant" means the applicant for the proposed low impact exploration permit. "application notice" see section 486(1). "consultation period" see section 490(1). 'Subdivision 2—Notification requirements "Requirement to notify "486.(1) The applicant must give written notice (the "application notice") of the applicant's intention to lodge an application for a low impact exploration permit, or of the lodgement of the application, to— (a) each native title notification party for the land the subject of the proposed exploration permit; and (b) the Native Title Registrar. '(2) The notice must be given no earlier than 1 month before the lodgement, and no later than— (a) 7 days after the lodgement; or ow! onan nn & WwW Ne e 12 14 16 2023 26 s 54 86 354 Native Title (Queensland) State Provisions Amendment (b) if, under section 487, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(3) The notice must state the following— (a) whether or not the application has been lodged; (b) aclear description of the land, and its location; (c) details of the activities proposed for the land under a program of work; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must not act under the permit applied for to enter non-exclusive land unless the applicant has complied with all the applicant's obligations for consultation with the native title notification parties provided for in subdivision 3. 'Notification of mining registrar "487.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of section 486, the applicant must give the mining registrar information in the approved form about the applicant's compliance with section 486. "(2) A copy of the written notice given under section 486(1) must be attached to the approved form. "(3) If the mining registrar is satisfied that a written notice given, or purportedly given, under section 486 has not been given in accordance with the requirements of section 486(1) and (2), or does not comply with the requirements of section 486(3), the mining registrar must— (a) give the applicant a written direction to give a new written notice under section 486; and (b) in the direction, nominate a period within which the direction must be complied with. CY DW BF WNYE 1214 1719 21 2325 27 29 s 54 87 s 54 Native Title (Queensland) State Provisions Amendment "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Subdivision 3—Consultation requirements before entry "Requirement to consult "488.(1) It is a condition of a low impact exploration permit that the permit holder must not act under the area of non-exclusive land unless the title notification party for the area. permit to enter, for the first time, any holder has consulted with each native "(2) However, the condition does not require consultation with a native title notification party if the party has given the permit holder a written notice that the party does not wish to be consulted about the proposed activities stated in the application notice. 'Consultation matters "489.(1) The purpose of the consu low impact exploration permit on t interests in relation to the land that wi tation is to minimise the impact of the he exercise of native title rights and 1 be affected under the permit. '(2) In particular, the consultation must be about the matters mentioned in section 26A(7)60 of the Commonwea! th Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to t he persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or 60 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act 1619 2123 25 s 54 88 354 Native Title (Queensland) State Provisions Amendment (i1) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the permit; (c) the way in which any other thing that is authorised because of, results from, or otherwise relates to, the permit and affects native title rights and interests, is to be done. "Consultation period "490.(1) The "consultation period", for an entry to an area— (a) starts on a day that must be— (i) not earlier than when the applicant is advised of the amount of security decided by the Minister under section 144; and (11) at least 1 month after the notice of the day on which the consultation period starts is given under subsection (2); and (b) ends— (i) if subparagraph (11) does not apply—2 months after the consultation period starts; or (11) if, within 2 months after the consultation period starts, the holder and the native title notification parties agree on a time, which must be later than the time that would otherwise apply under subparagraph (1), and advise the mining registrar in writing of the agreed later time—at the agreed later time. "(2) Notice of the day on which the consultation period starts, and the area to which the consultation relates, must be given to each of the native title notification parties for the area and to the mining registrar by— (a) if the permit has not been granted when the notice is given—the applicant; or (b) otherwise—by the holder of the granted exploration permit. "(3) If at any time the holder and the native title notification parties agree there has been enough consultation, the consultation period is taken to be ended. ABW Ne onan 12 15 17192225 28 s 54 89 354 Native Title (Queensland) State Provisions Amendment 'Native title notification parties may seek mediation "491.(1) In the consultation period for the entry to the area, a native title notification party for the area may ask the mining registrar to hold a conference for mediation about the impact of the permit. "(2) Sections 169 to 174 apply to the conference as if the request were a request by an owner of land affected by the application made under section 169(1)(a) by an owner of land mentioned in section 169(1)(a). "(3) Despite section 170(3),6! a native title notification party or the permit holder may be represented at the conference by a lawyer. "(4) Subject to any order made under section 174,62 a party to the conference must pay the party's own costs for the conference. 'Notice of result of consultation "492.(1) The permit holder must, as soon as practicable after the consultation period ends, but in any event before the holder first enters the area— (a) give a written notice complying with subsection (2) to the mining registrar about the consultation; and (b) give a copy of the notice to each native title notification party for the area. Maximum penalty—100 penalty units. '(2) The written notice must state— (a) details of the consultation undertaken in the consultation period; and (b) any outcome of the consultation; and (c) the day the holder proposes to first enter the area. "(3) A native title notification party for the area may also give a written notice about the consultation to the mining registrar if— 61 Section 170 (Who may attend conference) 62 Section 174 (Tribunal may award costs) RwWN Fo OMA NAM ee 1417 19 21 23 25 27 s 54 90 354 Native Title (Queensland) State Provisions Amendment (a) the written notice states— (i) details of the consultation undertaken in the consultation period; and (11) any outcome of the consultation; and (b) the written notice is also given to the permit holder and each other native title notification party for the area. 'Mining registrar may recommend action "493.(1) The mining registrar may recommend action to the Minister to address any matter raised by a native title notification party in the consultation. '(2) The Minister may give the exploration permit holder the directions the Minister considers appropriate about the recommended action. "(3) A failure by the holder to comply with the Minister's directions is taken to be a breach of the conditions of the exploration permit. 'Division 3—High impact exploration permits on alternative provision areas 'Subdivision 1—Preliminary "Application of div 3 "494.(1) This division applies to the granting of a proposed exploration permit if— (a) the exploration permit is a high impact exploration permit; and (b) the granting of the exploration permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and DAn B&B WP 12 14 16 20 2225 s 54 91 354 Native Title (Queensland) State Provisions Amendment (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed exploration permit— (a) only to the extent that the exploration permit relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the exploration permit is non-exclusive land that is an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 5. "(4) Despite subsections (1) to (3), this division does not apply to the granting of the exploration permit if the applicant elects that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. 'Definitions for div 3 "495. In this division— "applicant" means the applicant for the proposed high impact exploration permit. "application notice" see section 497(1). "closing day (native title issues)", for the proposed high impact exploration permit, see section 498(3). "consultation period", for the proposed high impact exploration permit, see section 507. "consultation start day" see section 506(1). "contract conditions" see section 517. "hearing day" see section 506(2). "native title issues decision" see section 517. onan ns WwW NR 12 1416 18 20 23 25 2729 s 54 92 s 54 Native Title (Queensland) State Provisions Amendment "notification day (native title issues)", for the proposed high impact exploration permit, see section 498(2). "objector" see section 509(3). "registered native title party" see section 496. "Meaning of "registered native title party" for div 3 "496.(1) A "registered native title party" is a person who, at the time the issue arises of whether or not the person is a registered native title party, is a registered native title claimant or a registered native title body corporate in relation to the land, or part of the land, the subject of the proposed high impact exploration permit. "(2) If a person (the "first person") becomes a registered native title claimant because the first person replaces another person as the applicant in relation to a claimant application, and the other person is a registered native title party, the first person also replaces the other person as the registered native title party. 'Subdivision 2—Notification requirements and right to object "Requirement to notify "497.(1) The applicant must give a written notice (the "application notice") about the proposed high impact exploration permit to— (a) all native title notification parties for the land the subject of the proposed permit; and (b) the Native Title Registrar. "(2) The notice must be given— (a) within 14 days of the applicant being notified of the Minister's decision, under section 144(1) or (3),63 of the amount of security to be deposited if the permit is granted; or 63 Section 144 (Provision of security) BW Ne ona wn 121419 21 23 26 s 54 93 s 54 Native Title (Queensland) State Provisions Amendment (b) if, under section 499, the mining registrar has given a direction for the giving of a new written notice—within the period nominated in the direction. "(3) The notice may be about more than | proposed permit. 'Content of notice "498.(1) The application notice must state the following— (a) (b) (c) (d) (e) (f) (g) (h) the following days for the proposed high impact exploration permit— (i) _ the notification day (native title issues); (11) the closing day (native title issues); a clear description of the land, and its location; a description of the nature of the proposed permit; that the proposed permit, if granted, will be granted by the Minister; how further information about the proposed permit can be obtained from the applicant or the mining registrar; that registered native title parties have a right to object to the granting of the proposed permit so far as it affects their registered native title rights and interests; that an objection must— (i) be in the approved form; and (11) state the grounds for objection and the facts and circumstances relied on in support of the grounds; and (111) be lodged with the mining registrar on or before the closing day (native title issues); that if a registered native title party objects, the applicant must consult with the party. BR WNe Co ON Dw 1114 16 1821 23 25 27 s 54 94 s 54 Native Title (Queensland) State Provisions Amendment '(2) The "notification day (native title issues)" must be a day that may reasonably be assumed to be a day by which the written notice will have been received by each person to whom it is to be given. "(3) The "closing day (native title issues)" must be a day at least 2 months after the notification day (native title issues). 'Notification of mining registrar "499.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of sections 497 and 498, the applicant must give the mining registrar information in the approved form about the applicant's compliance with sections 497 and 498. "(2) A copy of the written notice given under section 497 must be attached to the approved form. "'(3) If the mining registrar is satisfied a written notice given, or purportedly given, under section 497 has not been given under section 497, or does not comply with the requirements of section 498, the mining registrar must— (a) give the applicant a written direction to give a new written notice under sections 497 and 498; and (b) in the direction, nominate a period within which the direction must be complied with. "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Right to object "500.(1) Each registered native title party has a right to object to the granting of the proposed high impact exploration permit so far as it is likely to affect their registered native title rights and interests. "(2) An objection must— (a) bein the approved form; and ns WwW NR 2629 s 54 95 s 54 Native Title (Queensland) State Provisions Amendment (b) state the grounds for objection; and (c) be lodged with the mining registrar on or before the closing day (native title issues). "(3) If at any time a person who has lodged an objection under this section stops being a registered native title party, the objection is taken never to have been lodged. "(4) However, an objection continues to have effect as an objection if the person who lodged the objection stops being a registered native title party because— (a) the person is replaced by another person (the "replacing person") under section 66B64 of the Commonwealth Native Title Act; or (b) an approved determination of native title that native title exists is made, and immediately before the determination is made, the person is a registered native title claimant. "(5) If an objection continues to have effect as an objection because of subsection (4)(a), the objection it taken to have been lodged by the replacing person. "(6) If an objection continues to have effect as an objection because of subsection (4)(b), the objection it taken to have been lodged by the relevant registered native title body corporate. 'Ending of additional requirements if no objection lodged "501. If no objection is lodged by the closing day (native title issues), the additional requirements under subdivisions 3 and 4 stop applying for the proposed high impact exploration permit. 64 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act 24 s 54 96 354 Native Title (Queensland) State Provisions Amendment 'Subdivision 3—Consultation and mediation "Application of sdiv 3 "502. This subdivision applies only if an objection is lodged by the closing day (native title issues). 'Notice of objections by mining registrar "503. The mining registrar, must as soon as practicable after the closing day (native title issues) give the applicant— (a) acopy of each objection; and (b) awritten notice that the applicant must— (i) consult with all objectors; and (11) fix the consultation start day; and (11) give written notice of the day to each objector and the mining registrar. "Requirement to consult "$04.(1) The applicant must consult with each objector under this subdivision. (2) Nothing in this subdivision stops the applicant and an objector discussing consultation matters outside the consultation period. 'Consultation matters "505. The consultation must be about ways of minimising the effect of the grant of the proposed high impact exploration permit on registered native title rights and interests of the objectors in relation to the land or waters concerned, including any access to the land or waters or the way in which anything authorised by the permit may be done. Co OND Ww 11 13 16 18 2123 s 54 97 s 54 Native Title (Queensland) State Provisions Amendment 'Fixing of consultation start day and hearing day "506.(1) The applicant must— (a) fix a day for the consultation to start (the "consultation start day"), which must be within 2 months after the closing day (native title issues), but not earlier than 14 days after the closing day (native title issues); and (b) give written notice of the consultation start day to each objector and the mining registrar at least 7 days before the consultation start day. '(2) The mining registrar must, as soon as practicable after receiving the notice, fix a day (the "hearing day") for the tribunal to hear the objections. "(3) The hearing day must be after the consultation period ends. "(4) After fixing the hearing day, the mining registrar must notify the applicant and each objector of the day. "Consultation period "507.(1) The "consultation period" for the proposed high impact exploration permit— (a) starts on the consultation start day; and (b) ends 2 months after the consultation start day, or if a later time is agreed under subsection (2), at the agreed later time. '(2) The consultation period may be extended to an agreed later time if, within 2 months after the consultation start day— (a) the applicant and objectors agree to the extension; and (b) the applicant notifies the mining registrar in writing of the extension. "(3) The agreed later time under subsection (2) must not be later than the end of 4 months after the consultation start day. EO CON AUNURwW NY YH Se See N eile' Rw 17 20 22 25 27 s 54 98 354 Native Title (Queensland) State Provisions Amendment "Request for mediation "508.(1) At any time in the consultation period, the applicant or an objector may ask for mediation to help in resolving issues relevant to the consultation. '(2) If a request for mediation is made, mediation must be carried out in the consultation period by— (a) amediator chosen by the applicant and the objectors; or (b) if the applicant and the objectors are not able to agree on a mediator and the applicant or an objector asks the tribunal to provide the mediation—the tribunal, or a mediator chosen by the tribunal. 'Process for consultation—guidelines for applicant "509.(1) This section sets out guidelines for the applicant to consult under this subdivision. '(2) The consultation should start as soon as practicable after the consultation period starts. "(3) The applicant should— (a) give each registered native title party who objects under section 500 ("objector") information about the activities under the application; and (b) convene at least 1 meeting ("consultation meeting") to provide a reasonable opportunity for all objectors to be given a presentation about the activities proposed under the high impact exploration permit. "(4) A consultation meeting may be— (a) inthe town or city where the mining registrar is located; or (b) ina town or city in which there is an office of the representative Aboriginal/Torres Strait Islander body for the area that includes the alternative provision area; or (c) at another place agreed between the applicant and the objectors. RwWN FBPouwun 2A AY ee 14 16 192224 26 28 s 54 99 354 Native Title (Queensland) State Provisions Amendment "(5) A consultation meeting should be convened at a time and place suitable for maximising attendance. "(6) If the applicant has convened a consultation meeting under subsection (3)(b), the meeting is taken to have happened even though not all, or none, of the objectors attended the meeting. "(7) The presentation mentioned in subsection (3)(b) should be directed at providing objectors with an understanding of the anticipated nature, extent and impact of the project authorised by the grant of the proposed high impact exploration permit. "Agreement with or without conditions "510.(1) This section applies if an agreement for the grant of the proposed high impact exploration permit is reached between the applicant and each objector, whether or not the agreement includes conditions to be complied with by the applicant or an objector if the proposed high impact exploration permit is granted. '(2) The applicant must give a written notice to the mining registrar stating that an agreement has been reached, and must include with the notice a copy of the agreement signed by the applicant and each objector. "(3) When the notice is given— (a) the additional requirements provided for under subdivision 4 stop applying; and (b) the mining registrar must notify the tribunal that the agreement has been reached. "Agreement with conditions "511.(1) This section applies if an agreement for the grant of the proposed high impact exploration permit is reached between the applicant and each objector, and the agreement includes conditions to be complied with by the applicant or an objector if the proposed high impact exploration permit is granted. "(2) The agreement has effect, if the proposed permit is granted, as if— Om ND nA pW NR 12141721 23 2628 s 54 100 s 54 Native Title (Queensland) State Provisions Amendment (a) the conditions included in the agreement are the terms of a contract; and (b) the applicant and the objector are parties to the contract; and (c) if an objector is a registered native title claamant—any individual included in the native title claim group concerned is a party to the contract. "(3) Subsection (2) has effect in addition to any other effect that the agreement may have apart from under subsection (2). 'Subdivision 4—Hearing of objections and tribunal's decision 'Hearing of objections by tribunal "512.(1) If the consultation period has ended and an agreement between the applicant and each objector for the grant of the proposed high impact exploration permit has not been reached, the tribunal must— (a) starting on the hearing day, hear all the objections; and (b) make a native title issues decision. '(2) However, the applicant and the objectors may continue to consult to reach an agreement for the grant of the high impact exploration permit. "(3) If an agreement is reached, the tribunal may not make a native title issues decision under this subdivision. 'Directions for hearing "513. The tribunal may give directions to the applicant and the objectors, including directions about the filing and serving of— (a) astatement by each objector, stating the effect of the grant of the proposed high impact exploration permit on the objector's registered native title rights and interests; or (b) submissions by the applicant or any objector on the matters the tribunal must consider at the hearing. aon Dune W NK 1215 17 19 22 2427 s 54 101 s 54 Native Title (Queensland) State Provisions Amendment 'Identifying agreed issues "514. Before making a native title issues decision the tribunal must establish whether there are any issues relevant to its decision on which the applicant and any objector are currently in agreement. 'Matters tribunal must consider "515. In making a native title issues decision, the tribunal must consider— (a) the content of all objections lodged and submissions made; and (b) the effect of the grant of the proposed high impact exploration permit on each objector's registered native title rights and interests; and (c) any way to minimise the impact of the grant of the proposed permit on the registered native title rights and interests of the objectors, including in relation to— (i) any access to the land the subject of the proposed permit; and (11) the way in which anything authorised under the proposed permit might be done. (d) any issues agreed between the applicant and an objector. "General time requirement for hearing "516.(1) The tribunal must take all reasonable steps to ensure a native title issues decision is made within 2 months after the hearing day. '(2) If a native title issues decision is not made within the 2 months, the tribunal must, as soon as practicable after the 2 months ends, give a written notice to the Minister— (a) advising why a native title issues decision has not yet been made; and (b) giving an estimate of when a native title issues decision is likely to be made. RwWN 21 2326 28 s 54 102 s 54 Native Title (Queensland) State Provisions Amendment "Meaning of "native title issues decision" "517. A "native title issues decision" is | of the following— (a) that the proposed high impact exploration permit may be granted; (b) that the proposed high impact exploration permit may be granted, but subject to either or both of the following— (i) that conditions, described or identified in the native title issues decision, are to be included in the permit; (ii) that conditions ("contract conditions"), described or identified in the native title issues decision, are required to be complied with by 1 or more of the applicant and the objectors (even though the conditions are not included in the permit); (c) that the proposed high impact exploration permit should not be granted. 'Advice of native title issues decision to Minister "518. The tribunal must give the Minister a copy of the native title issues decision. 'Effect of native title issues decision "519. The native title issues decision must be complied with by the Minister unless the Minister overrules the native title issues decision under section 521. 'Contract conditions "520.(1) If the Minister grants the proposed high impact exploration permit, a contract condition has effect in addition to any effect that it may have other than under this subsection, as if it were included in the terms of a contract between the holder and each objector. "(2) If an objector is a registered native title claimant, any individual included in the native title claim group concerned is a party to the contract. Cm AD AR WN 14 17 2024 26 28 s 54 103 s 54 Native Title (Queensland) State Provisions Amendment 'Overruling of native title issues decision "521.(1) The Minister may overrule the native title issues decision only if— (a) the Minister principally responsible for indigenous affairs has been given a copy of the native title issues decision and is consulted about— (i) _ the native title issues decision; and (11) the Minister's proposed substituted decision under subsection (2); and (b) the consultation is taken into account; and (c) it is in the interests of Queensland to overrule the native title issues decision.65 "(2) If the Minister overrules the native title issues decision, the Minister must make a substituted decision, and the substituted decision has effect as the native title issues decision. "(3) The Minister must give a copy of the substituted decision to the tribunal, the applicant and each objector. "(4) In this section— "in the interests of Queensland" includes— (a) for the social or economic benefit of Queensland, including of Aboriginal peoples and Torres Strait Islanders; and (b) in the interests of the relevant region or locality in Queensland. 'Division 4—High impact exploration permits not on alternative provision areas "Application of div 4 Ҥ22.(1) This division applies to the granting of a proposed exploration permit if— 65 See also section 383 (Appeals from tribunal) Cm A ANWR WH 1417 19 21 24 27 s 54 104 854 Native Title (Queensland) State Provisions Amendment (a) the exploration permit is a high impact exploration permit; and (b) the granting of the exploration permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed exploration permit— (a) only to the extent that the exploration permit relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the exploration permit is non-exclusive land other than an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 5. "(4) Despite subsections (1) to (3), this division also applies to the granting of a high impact exploration permit to the extent that the land the subject of the proposed exploration permit is non-exclusive land that is an alternative provision area, if the applicant elects under division 3 that the additional requirements stated in this division apply instead of the additional requirements stated in division 3. s 54 105 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for grant "523.(1) The additional requirements applying under part 17, division 466 for the granting of a proposed mining lease also apply for the granting of the proposed high impact exploration permit. "(2) The requirements apply with necessary changes. "Applying pt 17, div 4 for grant "524.(1) This section— (a) applies for applying the provisions of part 17, division 4; and (b) does not limit section 523(1). "(2) References to the Governor in Council are taken to be references to the Minister. "(3) For applying section 652, section 652(3)(a) does not apply, and the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (11), that is, the period of 14 days after the applicant is notified of the Minister's decision under section 144(1)7 or (3) of the amount of security to be deposited if the permit is granted. "(4) For applying section 669, the pre-referral period is— (a) the period of 6 months starting on the notification day (native title issues); or (b) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time. 66 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas) 67 Section 144 (Provision of security) s 54 106 s 54 Native Title (Queensland) State Provisions Amendment "(5) For applying part 17, division 4, subdivisions 4 and 5,68 if the proposed exploration permit is referred to the tribunal for a native title issues decision, there is not a combined hearing, but the mining registrar must fix a date for a hearing for the native title issues decision, including the hearing of any objections lodged under section 668 as applied under this section. "(6) Sections 675(2), 681(4) and (5), 682 and 688 and part 17, division 4, subdivision 769 do not apply. "(7) Section 676 does not apply, but the tribunal must advise the Minister of its native title issues decision. "(8) Section 680 does not apply, but the native title issues decision must be complied with by the Minister unless it is overruled under part 17, division 4, subdivision 6.70 (9) A reference in part 17, division 4 to a provision of part 7 is taken to be a reference to a corresponding provision of part 5. 'Division 5—Renewals of exploration permits "Application of div 5 "525.(1) This division applies to the renewal of an exploration permit if— (a) the exploration permit is a low impact exploration permit; and (b) the renewal of the exploration permit is an act— (i) _ that affects native title rights and interests; and 68 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 69 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivision 7 (Special provisions about completion of combined hearing and making of native titles issues decision) 70 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivision 6 (Overruling of native title issues decision) \o oo Na OApWNHE eee NRF oO eile' Rw 1719 s 54 107 s 54 Native Title (Queensland) State Provisions Amendment (11) to which the right to negotiate provisions would have otherwise applied; and (11) that is an approved exploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the renewal of an exploration permit mentioned in subsection (1) only to the extent that the land the subject of the exploration permit is non-exclusive land, whether or not an alternative provision area. "(3) This division also applies to the renewal of an exploration permit if— (a) the exploration permit is a high impact exploration permit; and (b) the renewal of the exploration permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(4) However, this division applies to the renewal of an exploration permit mentioned in subsection (3) only to the extent that the land the subject of the exploration permit is non-exclusive land that is an alternative provision area. "(5) This division also applies to the renewal of an exploration permit if— (a) the exploration permit is a high impact exploration permit; and (b) the renewal of the exploration permit is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and Fo OMAN D UNUPW NK Se Be ee wieN os eR num Ree Re 'oon NYwponwn WN WNorR © 25 2730 s 54 108 s 54 Native Title (Queensland) State Provisions Amendment (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the renewal of an exploration permit mentioned in subsection (5) only to the extent that the land the subject of the exploration permit is non-exclusive land other than an alternative provision area. '(7) This division applies to the renewal of an exploration permit mentioned in subsection (1), (3) or (5) only to the extent that the exploration permit relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 5. "(9) In this section— "renewal", of an exploration permit, includes— (a) the re-grant of the exploration permit; and (b) the re-making of the exploration permit; and (c) the extension of the term of the exploration permit. "Requirements for renewal—applying div 2 "526.(1) If this division applies to the renewal of an exploration permit because of section 525(1), the additional requirements applying under division 27! for the granting of a low impact exploration permit also apply for the renewal. "(2) The requirements apply with necessary changes. 71 Division 2 (Low impact exploration permits) Foo mA NADWNHF WNHK il oon wn i tl on DHA nn 2123 s 54 109 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for renewal—applying div 3 "527.(1) If this division applies to the renewal of an exploration permit because of section 525(3), the additional requirements applying under division 372 for the granting of a high impact exploration permit on an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 3 for renewal "528.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 527. '(2) For applying section 514, the tribunal must also, before making its native title issues decision, ask the Minister about the extent to which the Minister is satisfied that the holder of the exploration permit proposed to be renewed has complied with the conditions of the exploration permit. '(3) For applying section 515, the tribunal must also consider information received from the Minister under subsection (2). "Requirements for renewal—applying div 4 "529.(1) If this division applies to the renewal of an exploration permit because of section 525(5), the additional requirements applying under division 473 for the granting of a high impact exploration permit on non-exclusive land other than an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 4 for renewal "530.(1) This section— 72 Division 3 (High impact exploration permits on alternative provision areas) 73 Division 4 (High impact exploration permits not on alternative provision areas) Hn APRPWN 1214 16 192125 s 54 110 s 54 Native Title (Queensland) State Provisions Amendment (a) applies for applying the provisions of division 4; and (b) does not limit section 529. '(2) For applying section 524, subsections (3) and (4) of this section are taken to be included in section 524. "(3) The tribunal must, before making its native title issues decision, ask the Minister about the extent to which the Minister is satisfied that the holder of the exploration permit proposed to be renewed has complied with the conditions of the exploration permit. "(4) For applying section 677, the tribunal must also consider information received from the Minister under subsection (3). 'Division 6—Requirements for subsidiary approvals "Application of div 6 "531.(1) This division applies to the following— (a) the variation of the conditions of a low impact exploration permit over non-exclusive land to allow for activities not limited to low impact activities; (b) the variation of the conditions of a high impact exploration permit on an alternative provision area to allow for activities not limited to low impact activities on non-exclusive land, other than an alternative provision area; (c) the variation of the conditions of an exploration permit granted on land where native title has been extinguished to include non-exclusive land; (d) the addition, under section 176A,74 of land to an exploration permit granted over land where native title has been extinguished to include non-exclusive land. "(2) However, this division applies to the variation or addition only if— (a) either of the following applies— 74 Section 176A (Application to add excluded land to existing permit) ow! moray nn RW NN 13 151820 2226 28 s 54 111 s 54 Native Title (Queensland) State Provisions Amendment (i) for the variation of conditions—were the exploration permit to be granted again, but containing only the varied conditions, the granting would be an act affecting native title rights and interests; (11) for the addition of land—were the mining claim to be granted again, but only for the added land, the granting would be an act affecting native title rights and interests; and (b) the variation or addition is an act to which the right to negotiate provisions would have otherwise applied; and (c) either of the following applies to the variation or addition— (i) the variation or addition is an approved exploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act; (ii) a determination is in force under section 43(1) or 43A(1) of the Commonwealth Native Title Act about alternative provisions applying to the variation or addition, and this division is included in the alternative provisions. "(3) This division applies to the variation or addition only to the extent that the variation or addition relates to a place that is on the landward side of the mean high-water mark of the sea. "(4) The requirements of this division are additional to the requirements of part 5. "Requirements for variation—low impact exploration permit "532.(1) For the variation of the conditions of a low impact exploration permit to allow for activities not limited to low impact activities on an alternative provision area, division 375 applies, with necessary changes, as if the variation were the granting of a high impact exploration permit. 75 Division 3 (High impact exploration permits on alternative provision areas) CO ADM BRWNHE e Oo eee Wpore eeu NAW LE Nee ome) NN Ne 26 s 54 112 s 54 Native Title (Queensland) State Provisions Amendment '(2) For the variation of the conditions of a low impact exploration permit to allow for activities not limited to low impact activities on non-exclusive land, other than an alternative provision area, division 4 applies, with necessary changes, as if the variation were the granting of a high impact exploration permit. "Requirements for variation—high impact exploration permit "533. For the variation of the conditions of a high impact exploration permit for an alternative provision area to allow for activities not limited to low impact activities on non-exclusive land other than an alternative provision area, division 476 applies, with necessary changes, as if the variation were the granting of the high impact exploration permit. "Requirements for variation or addition—other exploration permits "534.(1) This section applies to the variation of the conditions of an exploration permit granted only over land where native title has been extinguished to include non exclusive land. '(2) This section also applies to the addition, under section 176A, of land to an exploration permit granted only over land where native title has been extinguished to include non-exclusive land. "(3) If the variation or addition is only for low impact activities, division 277 applies, with necessary changes, as if the variation or addition were the granting of the exploration permit. "(4) If the variation or addition is for activities not limited to low impact activities on an alternative provision area, division 378 applies, with necessary changes, as if the variation or addition were the granting of the exploration permit. 76 Division 4 (High impact exploration permits not on alternative provision areas) 77 Division 2 (Low impact exploration permits) 78 Division 3 (High impact exploration permits on alternative provision areas) A BwWNPR rFowoaon lon 1417202325 s 54 113 s 54 Native Title (Queensland) State Provisions Amendment "(5) If the variation or addition is for activities not limited to low impact activities on non-exclusive land, other than an alternative provision area, division 479 applies, with necessary changes, as if the variation or addition were the granting of the exploration permit. 'PART 16—NATIVE TITLE PROVISIONS FOR MINERAL DEVELOPMENT LICENCES 'Division 1—Preliminary 'Purpose of pt 16 "535.(1) The purpose of this part is— (a) to state additional requirements that apply for— (i) the granting of a proposed mineral development licence, or the variation or renewal of a mineral development licence, under part 6 if the licence is a low impact mineral development licence over non-exclusive land; and (11) the exercise of the entitlement, under a low impact mineral development licence, to enter non-exclusive land; and (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26A80 of the Commonwealth Native Title Act. "(2) The purpose of this part is also— 79 Division 4 (High impact exploration permits not on alternative provision areas) 80 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act BwWN 1214 16 18 s 54 114 s 54 Native Title (Queensland) State Provisions Amendment (a) (b) to state additional requirements that apply for the granting of a proposed mineral development licence, or the variation or renewal of a mineral development licence, under part 6 if the licence is a high impact mineral development licence over— (i) an alternative provision area; or (11) non-exclusive land other than land that includes all or part of an alternative provision area; and in stating the additional requirements, to provide alternative provisions under sections 43 and 43A8! of the Commonwealth Native Title Act. 'Limited application of pt 16 to mineral development licence in approved opal or gem mining area "536. This part does not apply to an act relating to a mineral development licence in an approved opal or gem mining area to the extent that the act is excluded from the application of the right to negotiate provisions under section 26(2)(d)82 of the Commonwealth Native Title Act. "Meaning of "low impact mineral development licence" "537. For this part, a "low impact mineral development licence" is a mineral development licence that— (a) (b) is granted over land that is, or includes, non-exclusive land; and has a condition that, to the extent that the land the subject of the licence is non-exclusive land, only low impact activities may be carried out. 81 Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act 82 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act CSC Om ND NA FWNK e 12 1416 19 22 s 54 115 s 54 Native Title (Queensland) State Provisions Amendment "Meaning of "low impact activity" "538. For this part, a "low impact activity", for a mineral development licence, means the following activities— (a) (b) (c) (d) aerial surveys; Examples— geological, geophysical, photogrammetric and topographic aerial surveys. geological and surveying field work that does not involve clearing; Examples— . flagging of sites and sample locations . geological reconnaissance and field mapping . surveying that does not involve clearing. sampling by hand methods; Examples— . grab sampling . mine tailings and mine mullock sampling . panning and sieving . rock chip sampling . stream sediment sampling (disturbed and undisturbed samples) . soil sampling (disturbed and undisturbed samples) . water sampling. ground-based geophysical surveys that do not involve clearing; Examples— . potential-field methods of surveying, including, for example, gravity, magnetic and radiometric surveys . electrical methods of surveying, including, for example, electromagnetic, ground penetrating radar, induced polarisation and resistivity surveys . seismic methods of surveying, including, for example, 'hammer', refraction and vibration-sourced surveys. Oo AN Dn fF WN RW NN Fee ee ee ee Ye sO AKI DUAR WH HD N we Nw ns NN pp onan WN ow s 54 116 s 54 Native Title (Queensland) State Provisions Amendment (e) (f) (g) drilling and activities associated with drilling that— (i) do not include clearing or site excavation, other than the minimum necessary to establish a drill pad for a mobile rig; and (11) do not include clearing for a road or track; Examples— . auger drilling . downhole geophysical logging. . mechanical drilling. environmental field work that does not involve clearing; Examples— . cultural heritage, environmental and geobotanical surveys . environmental monitoring. investigations associated with mine feasibility and development. Examples— . engineering and design studies . environmental studies and monitoring. "Meaning of "high impact mineral development licence" "539. For this part, a "high impact mineral development licence" is a mineral development licence that— (a) (b) is granted over land that is, or includes, non-exclusive land; and allows activities to be carried out that are not limited to low impact activities. Oo mAN HD Hn PWN a NA nN FF WN KF CO 20 23 s 54 117 s 54 Native Title (Queensland) State Provisions Amendment 'Division 2—Low impact mineral development licences 'Subdivision 1—Preliminary "Application of div 2 "$40.(1) This division applies to the granting of a proposed mineral development licence if— (a) the mineral development licence is a low impact mineral development licence; and (b) the granting of the mineral development licence is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (11) that is an approved exploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the granting of the proposed mineral development licence— (a) only to the extent that the mineral development licence relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mineral development licence is non-exclusive land, whether or not an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 6. 'Definitions for div 2 "541. In this division— "applicant" means the applicant for the proposed low impact mineral development licence. FBO © OND WB Ww See ee ROBY eee ee Oo OY nm NNN NRO NN Rw 26 28 s 54 118 s 54 Native Title (Queensland) State Provisions Amendment "application notice" see section 542(1). "consultation period" see section 546. "consultation start day", for a mineral development licence, see section 546(1)(a). 'Subdivision 2—Notification requirements "Requirement to notify "542.(1) The applicant must give written notice (the "application notice") of the applicant's intention to lodge an application for a low impact mineral development licence, or of the lodgement of the application, to— (a) each native title notification party for the land the subject of the proposed mineral development licence; and (b) the Native Title Registrar. '(2) The notice must be given no earlier than 1 month before the lodgement, and no later than— (a) 7 days after the lodgement; or (b) if, under section 543, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(3) The notice must state the following— (a) whether or not the application has been lodged; (b) aclear description of the land, and its location; (c) details of the activities proposed for the land; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must not act under the licence applied for to enter non-exclusive land unless the applicant has complied with all the applicant's obligations for consultation with the native title notification parties provided for in subdivision 3. RW NY s 54 119 s 54 Native Title (Queensland) State Provisions Amendment '(4) The notice may also state a day for consultation to start under subdivision 3. "(5) The day must be at least 1 month after the giving of the notice to all of the native title notification parties. 'Notification of mining registrar "543.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of section 542, the applicant must give the mining registrar information in the approved form about the applicant's compliance with section 542. "(2) A copy of the written notice given under section 542(1) must be attached to the approved form. "(3) If the mining registrar is satisfied that a written notice given, or purportedly given, under section 542 has not been given in accordance with the requirements of section 542(1) and (2), or does not comply with the requirements of section 542(3) to (5), the mining registrar must— (a) give the applicant a written direction to give a new written notice under section 542; and (b) in the direction, nominate a period within which the direction must be complied with. "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Subdivision 3—Consultation requirements before entry "Requirement to consult "544.(1) It is a condition of a low impact mineral development licence that the licence holder must not act under the licence to enter, for the first time, non-exclusive land unless the holder has consulted with each native title notification party for the land to which the licence relates. Rw Ne 2628 s 54 120 s 54 Native Title (Queensland) State Provisions Amendment "(2) However, the condition does not require consultation with a native title notification party if the party has given the licence holder a written notice that the party does not wish to be consulted about the proposed activities stated in the application notice. 'Consultation matters "545.(1) The purpose of the consultation is to minimise the impact of the low impact mineral development licence on the exercise of native title rights and interests in relation to the land that will be affected under the licence. '(2) In particular, the consultation must be about the matters mentioned in section 26A(7)83 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (i1) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the licence; (c) the way in which any other thing that is authorised because of, results from, or otherwise relates to, the licence and affects native title rights and interests, is to be done. "Consultation period "546.(1) The "consultation period" for the licence— (a) starts on the day (the "consultation start day" )— (i) stated for that purpose in the application notice for the licence; or 83 Section 26A (Approved exploration etc. acts) of the Commonwealth Native Title Act BRWNe CID Nn 1214 16 19 212427 s 54 121 s 54 Native Title (Queensland) State Provisions Amendment (11) ifthe day was not stated in the application notice—stated in a written notice given to each of the native title notification parties and the mining registrar by the licence holder; and (b) ends— (i) if subparagraph (11) does not apply—2 months after the consultation start day; or (11) if, within 2 months after the consultation start day, the holder and the native title notification parties agree on a time, which must be later than the time that would otherwise apply under subparagraph (i), and advise the mining registrar in writing of the agreed later time—at the agreed later time. "(2) A notice under subsection (1)(a)(ii) must be given at least 1 month before the consultation start day. "(3) If at any time the holder and the native title notification parties agree there has been enough consultation, the consultation period is taken to end. 'Native title notification parties may seek mediation "547.(1) In the consultation period, a native title notification party may ask the mining registrar to hold a conference for mediation about the impact of the licence. "(2) Sections 217 to 222 apply to the conference as if the request were a request made under section 217(1)(a)84 by an owner of land mentioned in section 217(1)(a). "(3) Despite section 218(3),85 a native title notification party or the licence holder may be represented at the conference by a lawyer. "(4) Subject to any order made under section 222,86 a consultation party must pay the party's own costs for the conference. 84 Section 217 (Mining registrar may call conference in some cases) 85 Section 218 (Who may attend conference) 86 Section 222 (Tribunal may award costs) roo on Dn fF WNe il oon wn Ree ns 182124 26 s 54 122 s 54 Native Title (Queensland) State Provisions Amendment 'Notice of result of consultation "548.(1) The licence holder must, as soon as practicable after the consultation period ends, but in any event before the holder first enters the land to which the native title rights and interests relate— (a) give a written notice complying with subsection (2) to the mining registrar about the consultation; and (b) give a copy of the notice to each native title notification party for the land. Maximum penalty—100 penalty units. '(2) The written notice must state— (a) details of the consultation undertaken in the consultation period; and (b) any outcome of the consultation; and (c) the day the holder proposes to first enter the land. "(3) A native title notification party for the land may also give a written notice about the consultation to the mining registrar if— (a) the written notice states— (i) details of the consultation undertaken in the consultation period; and (11) any outcome of the consultation; and (b) the written notice is also given to the licence holder and each other native title notification party for the land. 'Mining registrar may recommend action "549.(1) The mining registrar may recommend action to the Minister to address any matter raised by a native title notification party in the consultation. '(2) The Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action. Oo won HnNwn BRwWN YH e Oo ee NR ee KR Ww eR num a nN a \©o N Co NN Ne 26 28 s 54 123 s 54 Native Title (Queensland) State Provisions Amendment "(3) A failure by the holder to comply with the Minister's directions is take to be a breach of the conditions of the mineral development licence. 'Division 3—High impact mineral development licences on alternative provision areas 'Subdivision 1—Preliminary "Application of div 3 "$50.(1) This division applies to the granting of a proposed mineral development licence if— (a) the mineral development licence is a high impact mineral development licence; and (b) the granting of the mineral development licence is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mineral development licence— (a) only to the extent that the mineral development licence relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mineral development licence is non-exclusive land that is an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 6. Ne 2427 s 54 124 s 54 Native Title (Queensland) State Provisions Amendment '(4) Despite subsections (1) to (3), this division does not apply to the granting of the mineral development licence if the applicant elects that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. 'Definitions for div 3 "551. In this division— "applicant" means the applicant for the proposed high impact mineral development licence. "application notice" see section 553(1). "closing day (native title issues)", for the proposed high impact mineral development licence, see section 554(3). "consultation period", for the proposed high impact mineral development licence, means the period described in section 563. "consultation start day" see section 562(1). "contract conditions" see section 573. "hearing day" see section 562(2). "native title issues decision" see section 573. "notification day (native title issues)", for the proposed high impact mineral development licence, see section 554(2). "objector" see section 565(3). "registered native title party" see section 552. 'Meaning of "registered native title party" *552.(1) A "registered native title party" is a person who, at the time when the issue arises of whether or not the person is a registered native title party, is a registered native title claimant or a registered native title body corporate in relation to the land, or part of the land, the subject of the proposed high impact mineral development licence. BwWN 24 26 s 54 125 s 54 Native Title (Queensland) State Provisions Amendment "(2) If a person (the "first person") becomes a registered native title claimant because the first person replaces another person as the applicant in relation to a claimant application, and the other person is a registered native title party, the first person also replaces the other person as the registered native title party. 'Subdivision 2—Notification requirements and right to object "Requirement to notify "553.(1) The applicant must give a written notice (the "application notice") about the proposed high impact mineral development licence to— (a) all native title notification parties for the land the subject of the proposed licence; and (b) the Native Title Registrar. "(2) The notice must be given— (a) within 14 days of the applicant being notified of the Minister's decision, under section 190(1),87 of the amount of security to be deposited if the licence is granted.; or (b) if, under section 555, the mining registrar has given a direction for the giving of a new written notice—before the end of the period nominated in the direction. "(3) The notice may be about more than 1 proposed licence. "Content of notice "$54.(1) The application notice must state the following— (a) the following days for the proposed high impact mineral development licence— (i) _ the notification day (native title issues); (11) the closing day (native title issues); 87 Section 190 (Provision of security) aA pRWNe 11 13 151822 24 26 s 54 126 s 54 Native Title (Queensland) State Provisions Amendment (b) aclear description of the land, and its location; (c) a description of the nature of the proposed licence; (d) that the proposed licence, if granted, will be granted by the Minister; (e) how further information about the proposed licence can be obtained from the applicant or the mining registrar; (f) that registered native title parties have a right to object to the granting of the proposed licence so far as it affects their registered native title rights and interests; (g) that an objection must— (i) be in the approved form; and (11) state the grounds for objection and the facts and circumstances relied on in support of the grounds; and (111) be lodged with the mining registrar on or before the closing day (native title issues); (h) that if a registered native title party objects, the applicant must consult with the party. '(2) The "notification day (native title issues)" must be a day that may reasonably be assumed to be a day by which the written notice will have been received by each person to whom it is to be given. "(3) The "closing day (native title issues)" must be a day at least 2 months after the notification day (native title issues). 'Notification of mining registrar "555.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of sections 553 and 554, the applicant must give the mining registrar information in the approved form about the applicant's compliance with sections 553 and 554. "(2) A copy of the written notice given under section 553 must be attached to the approved form. Cord AWN BW WN eS eK Oo ion' wn Ree ns Ree na Nee SOM NN Ne 2629 s 54 127 s 54 Native Title (Queensland) State Provisions Amendment "(3) If the mining registrar is satisfied that a written notice given, or purportedly given, under sections 553 and 554 has not been given in accordance with the requirements of section 553, or does not comply with the requirements of section 554, the mining registrar must— (a) give the applicant a written direction to give a new written notice under sections 553 and 554; and (b) in the direction, nominate a period within which the direction must be complied with. "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Right to object "556.(1) Each registered native title party has a right to object to the granting of the proposed high impact mineral development licence so far as it is likely to affect their registered native title rights and interests. "(2) An objection must— (a) bein the approved form; and (b) state the grounds for objection; and (c) be lodged with the mining registrar on or before the closing day (native title issues). "(3) If at any time a person who has lodged an objection under this section stops being a registered native title party, the objection is taken never to have been lodged. "(4) However, an objection continues to have effect as an objection if the person who lodged the objection stops being a registered native title party because— C0 DY DWN FwWHKR eS eK Oo 141720 2226 s 54 128 s 54 Native Title (Queensland) State Provisions Amendment (a) the person is replaced by another person (the "replacing person") under section 66B88 of the Commonwealth Native Title Act; or (b) an approved determination of native title that native title exists is made, and immediately before the determination is made, the person is a registered native title claimant. "(5) If an objection continues to have effect as an objection because of subsection (4)(a), the objection it taken to have been lodged by the replacing person. "(6) If an objection continues to have effect as an objection because of subsection (4)(b), the objection it taken to have been lodged by the relevant registered native title body corporate. 'Ending of additional requirements if no objection lodged "557. If no objection is lodged by the closing day (native title issues), the additional requirements under subdivisions 3 and 4 stop applying for the proposed high impact mineral development licence. 'Subdivision 3—Consultation and mediation "Application of sdiv 3 "558. This subdivision applies if an objection is lodged by the closing day (native title issues). 'Notice of objections by mining registrar "559. The mining registrar, must as soon as practicable after the closing day (native title issues), give the applicant— (a) acopy of each objection; and (b) awritten notice that the applicant must— 88 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act CIA AWK WHE \o RP Re NRO 1520 23 25 s 54 129 s 54 Native Title (Queensland) State Provisions Amendment (i) consult with all objectors; and (11) fix the consultation start day; and (11) give written notice of the day to each objector and the mining registrar. "Requirement to consult "$60.(1) The applicant must consult with each objector under this subdivision. (2) Nothing in this subdivision stops the applicant and an objector discussing consultation matters outside the consultation period. 'Consultation matters "561. The consultation must be about ways of minimising the effect of the grant of the proposed high impact mineral development licence on registered native title rights and interests of the objectors in relation to the land or waters concerned, including any access to the land or waters or the way in which anything authorised by the licence may be done. 'Fixing of consultation start day and hearing day "562.(1) The applicant must— (a) fix a day for the consultation to start (the "consultation start day"), which must be within 2 months after the closing day (native title issues), but not earlier than 14 days after the closing day (native title issues); and (b) give written notice of the consultation start day to each objector and the mining registrar at least 7 days before the consultation start day. '(2) The mining registrar must, as soon as practicable after receiving the notice, fix a day (the "hearing day") for the tribunal to hear the objections. "(3) The hearing day must be after the consultation period ends. RW NY Com ND w 121417 1921 2326 s 54 130 s 54 Native Title (Queensland) State Provisions Amendment "(4) After fixing the hearing day, the mining registrar must notify the applicant and each objector of the day. "Consultation period "563.(1) The "consultation period" for the proposed high impact mineral development licence— (a) starts on the consultation start day; and (b) ends 2 months after the consultation start day, or if a later time is agreed under subsection (2), at the agreed later time. '(2) The consultation period may be extended to an agreed later time if, within 2 months after the consultation start day— (a) the applicant and objectors agree to the extension; and (b) the applicant notifies the mining registrar in writing of the extension. "(3) The agreed later time under subsection (2) must not be later than the end of 4 months after the consultation start day. "Request for mediation "564.(1) At any time in the consultation period, the applicant or an objector may ask for mediation to help in resolving issues relevant to the consultation. '(2) If a request for mediation is made, mediation must be carried out in the consultation period by— (a) amediator chosen by the applicant and the objectors; or (b) if the applicant and the objectors are not able to agree on a mediator and the applicant or an objector asks the tribunal to provide the mediation—the tribunal, or a mediator chosen by the tribunal. Ne SO ON DA WK WwW eS an ion' wn Ree ns 1821 24 26 s 54 131 s 54 Native Title (Queensland) State Provisions Amendment 'Process for consultation—guidelines for applicant "565.(1) This section states guidelines for the applicant to consult under this subdivision. '(2) The consultation should start as soon as practicable after the consultation period starts. "(3) The applicant should— (a) give each registered native title party who objects under section 55689 ("objector") information about the activities under the application; and (b) convene at least 1 meeting ("consultation meeting") to provide a reasonable opportunity for all objectors to be given a presentation about the activities proposed under the high impact mineral development licence. "(4) A consultation meeting may be— (a) inthe town or city where the mining registrar is located; or (b) ina town or city in which there is an office of the representative Aboriginal/Torres Strait Islander body for the area that includes the alternative provision area; or (c) at another place agreed between the applicant and the objectors. "(5) A consultation meeting should be convened at a time and place suitable for maximising attendance. "(6) If the applicant has convened a consultation meeting under subsection (3)(b), the meeting is taken to have happened even though not all, or none, of the objectors attended the meeting. "(7) The presentation mentioned in subsection (3)(b) should be directed at providing objectors with an understanding of the anticipated nature, extent and impact of the project authorised by the grant of the high impact mineral development licence applied for. 89 Section 556 (Right to object) on A nt Wn 1215 1721 232628 s 54 132 s 54 Native Title (Queensland) State Provisions Amendment "Agreement with or without conditions "566.(1) This section applies if an agreement for the grant of the proposed high impact mineral development licence is reached between the applicant and each objector, whether or not the agreement includes conditions to be complied with by the applicant or an objector if the proposed high impact mineral development licence is granted. '(2) The applicant must give a written notice to the mining registrar stating that an agreement has been reached, and must include with the notice a copy of the agreement signed by the applicant and each objector. "(3) When the notice is given— (a) the additional requirements provided for under subdivision 4 stop applying; and (b) the mining registrar must notify the tribunal that the agreement has been reached. "Agreement with conditions "567.(1) This section applies if an agreement for the grant of the proposed high impact mineral development licence is reached between the applicant and each objector, and the agreement includes conditions to be complied with by the applicant or an objector if the proposed high impact mineral development licence is granted. '(2) The agreement has effect, if the proposed licence is granted, as if— (a) the conditions included in the agreement were the terms of a contract; and (b) the applicant and the objector were parties to the contract; and (c) if an objector is a registered native title claamant—any individual included in the native title clam group concerned were a party to the contract. "(3) Subsection (2) has effect in addition to any other effect that the agreement may have apart from under subsection (2). CHOI DAUNUAWN e Oo ee NR aon' Bw 171923 2629 s 54 133 s 54 Native Title (Queensland) State Provisions Amendment 'Subdivision 4—Hearing of objections and tribunal's decision 'Hearing of objections by tribunal "568.(1) If the consultation period has ended and an agreement between the applicant and each objector for the grant of the proposed high impact mineral development licence has not been reached, the tribunal must— (a) starting on the hearing day, hear all the objections; and (b) make a native title issues decision. '(2) However, the applicant and the objectors may continue to consult to reach an agreement for the grant of the proposed high impact mineral development licence. "(3) If an agreement is reached, the tribunal may not make a native title issues decision under this subdivision. 'Directions for hearing "569. The tribunal may give directions to the applicant and the objectors, including directions about the filing and serving of— (a) astatement by each objector, stating the effect of the grant of the proposed high impact mineral development licence on the objector's registered native title rights and interests; or (b) submissions by the applicant or any objector on the matters the tribunal must consider at the hearing. 'Identifying agreed issues '570. Before making a native title issues decision the tribunal must establish whether there are any issues relevant to its decision on which the applicant and any objector are currently in agreement. 'Matters tribunal must consider '571. In making a native title issues decision, the tribunal must consider— 15 1720 2327 s 54 134 854 Native Title (Queensland) State Provisions Amendment (a) the content of all objections lodged and submissions made; and (b) the effect of the grant of the proposed high impact mineral development licence on each objector's registered native title rights and interests; and (c) any way to minimise the impact of the grant of the proposed licence on the registered native title rights and interests of the objectors, including in relation to— (i) any access to the land the subject of the proposed licence; and (11) the way in which anything authorised under the proposed licence might be done; and (d) any issues agreed between the applicant and an objector. "General time requirement for hearing "$72.(1) The tribunal must take all reasonable steps to ensure a native title issues decision is made within 2 months after the hearing day. '(2) If a native title issues decision is not made within the 2 months, the tribunal must, as soon as practicable after the 2 months ends, give a written notice to the Minister— (a) advising why a native title issues decision has not yet been made; and (b) giving an estimate of when a native title issues decision is likely to be made. "Meaning of "native title issues decision" '573. A "native title issues decision" is | of the following— (a) that the proposed high impact mineral development licence may be granted; (b) that the proposed high impact mineral development licence may be granted, but subject to either or both of the following— Fo COM Naw FwWN ee a N 15 1720 22 24 26 28 s 54 135 s 54 Native Title (Queensland) State Provisions Amendment (i) that conditions, described or identified in the native title issues decision, are to be included in the licence; (ii) that conditions ("contract conditions"), described or identified in the native title issues decision, are required to be complied with by 1 or more of the applicant and the objectors (even though the conditions are not included in the licence); (c) that the proposed high impact mineral development licence should not be granted. 'Advice of native title issues decision to Minister "574. The tribunal must give the Minister a copy of the native title issues decision. 'Effect of native title issues decision "575. The native title issues decision must be complied with by the Minister unless the Minister overrules the native title issues decision under section 577. 'Contract conditions "576.(1) If the Minister grants the proposed high impact mineral development licence, a contract condition has effect in addition to any effect that it may have other than under this subsection, as if it were included in the terms of a contract between the holder and each objector. "(2) If an objector is a registered native title claimant, any individual included in the native title claim group concerned is a party to the contract. Cm NADUNAPW NE 12 151921 23 s 54 136 s 54 Native Title (Queensland) State Provisions Amendment 'Overruling of native title issues decision "577.(1) The Minister may overrule the native title issues decision only if— (a) the Minister principally responsible for indigenous affairs has been given a copy of the native title issues decision and is consulted about— (i) _ the native title issues decision; and (11) the Minister's proposed substituted decision under subsection (2); and (b) the consultation is taken into account; and (c) it is in the interests of Queensland to overrule the native title issues decision. "(2) If the Minister overrules the native title issues decision, the Minister must make a substituted decision, and the substituted decision has effect as the native title issues decision. "(3) The Minister must give a copy of the substituted decision to the tribunal, the applicant and each objector. "(4) In this section— "in the interests of Queensland" includes— (a) for the social or economic benefit of Queensland, including of Aboriginal peoples and Torres Strait Islanders; and (b) in the interests of the relevant region or locality in Queensland. 'Subdivision 5—Notice of grant 'Notice of grant to other consultation parties "578.(1) If the Minister grants the high impact mineral development licence, the holder of the mineral development licence must, within 28 days after the holder receives notice of the grant, give a written notice complying with subsection (2) to each registered native title party. Maximum penalty—100 penalty units. Cm A ANWR WH 1417 19 21 2628 s 54 137 s 54 Native Title (Queensland) State Provisions Amendment "(2) The written notice must— (a) advise the granting of the high impact mineral development licence; and (b) state the conditions of the high impact mineral development licence. 'Division 4—High impact mineral development licences not on alternative provision areas "Application of div 4 "579.(1) This division applies to the granting of a proposed mineral development licence if— (a) the mineral development licence is a high impact mineral development licence; and (b) the granting of the mineral development licence is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mineral development licence— (a) only to the extent that the mineral development licence relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mineral development licence is non-exclusive land other than an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 6. Ak WH a 12 14 16 1821 232629 s 54 138 s 54 Native Title (Queensland) State Provisions Amendment "(4) Despite subsections (1) to (3), this division also applies to the granting of a high impact mineral development licence to the extent that the land the subject of the mineral development licence is non-exclusive land that is an alternative provision area, if the applicant elects under division 3 that the additional requirements stated in this division apply instead of the additional requirements stated in division 3. "Requirements for grant "580.(1) The additional requirements applying under part 17, division 490 for the granting of a proposed mining lease also apply for the granting of the proposed high impact mineral development licence. "(2) The requirements apply with necessary changes. "Applying pt 17, div 4 for grant "581.(1) This section— (a) applies for applying the provisions of part 17, division 4; and (b) does not limit section 580(1). "(2) References to the Governor in Council are taken to be references to the Minister. "(3) For applying section 652, section 652(3)(a) does not apply, and the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (11), that is, the period of 14 days after the applicant is notified of the Minister's decision under section 190(1)9! and (2) of the amount of security to be deposited if the permit is granted. "(4) For applying section 669, the pre-referral period is— (a) the period of 6 months starting on the notification day (native title issues); or 90 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas) 91 Section 190 (Provision of security) DunFwne \o 1315 17 192125 s 54 139 s 54 Native Title (Queensland) State Provisions Amendment (b) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time. "(5) For applying part 17, division 4, subdivisions 4 and 5,92 if the proposed exploration permit is referred to the tribunal for a native title issues decision, there is not a combined hearing, but the mining registrar must fix a date for a hearing for the native title issues decision, including the hearing of any objections lodged under section 668 as applied under this section. "(6) Sections 675(2), 681(4) and (5) and 682 and part 17, division 4, subdivision 793 do not apply. "(7) Section 676 does not apply, but the tribunal must advise the Minister of its native title issues decision. "(8) Section 680 does not apply, but the native title issues decision must be complied with by the Minister unless it is overruled under part 17, division 4, subdivision 6.94 (9) A reference in part 17, division 4 to a provision of part 7 is taken to be a reference to a corresponding provision of part 6. 92 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision area), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 93 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivision 7 (Special provisions about completion of combined hearing and making of native titles issues decision) 94 Part 17 (Native title provisions for mining leases), division 4 (Other mining leases not on alternative provision areas), subdivision 6 (Overruling of native title issues decision) CAD ARWNHH e ow ee Ne eile' Rw Ree nNaW ee \o s 54 1 40 s 54 Native Title (Queensland) State Provisions Amendment 'Division 5—Renewals of mineral development licences "Application of div 5 "582.(1) This division applies to the renewal of a mineral development licence if— (a) the mineral development licence is a low impact mineral development licence; and (b) the renewal of the mineral development licence is an act— (i) _ that affects native title (11) to which the right otherwise applied; and (11) that is an approved ex rights and interests; and to negotiate provisions would have ploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act. '(2) However, this division ap plies to the renewal of a mineral development licence mentioned in subsection (1) only to the extent that the land the subject of the mineral deve opment licence is non-exclusive land, whether or not an alternative provision area. "(3) This division also applies to the renewal of a mineral development licence if— (a) the mineral development licence is a high impact mineral development licence; and (b) the renewal of the mineral development licence is an act— (i) _ that affects native title (11) to which the right rights and interests; and to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. s 54 141 s 54 Native Title (Queensland) State Provisions Amendment '(4) However, this division applies to the renewal of a mineral development licence mentioned in subsection (3) only to the extent that the land the subject of the mineral development licence is non-exclusive land that is an alternative provision area. "(5) This division also applies to the renewal of a mineral development licence if— (a) the mineral development licence is a high impact mineral development licence; and (b) the renewal of the mineral development licence is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the renewal of a mineral development licence mentioned in subsection (5) only to the extent that the land the subject of the mineral development licence is non-exclusive land other than an alternative provision area. "(7) This division applies to the renewal of a mineral development licence mentioned in subsection (1), (3) or (5) only to the extent that the mineral development licence relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 6. "(9) In this section— "renewal", of a mineral development licence, includes— (a) the re-grant of the mineral development licence; and (b) the re-making of the mineral development licence; and (c) the extension of the term of the mineral development licence. SC AN DNA Hwnvnoe e Oo ee NR Ree nan BW eee Om ND NYwponwn WN WNorR © NN ns Bw NY NY NY DN CoO OND s 54 142 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for renewal—applying div 2 "583.(1) If this division applies to the renewal of a mineral development licence because of section 582(1), the additional requirements applying under division 295 for the granting of a low impact mineral development licence also apply for the renewal. "(2) The requirements apply with necessary changes. "Requirements for renewal—applying div 3 "584.(1) If this division applies to the renewal of a mineral development licence because of section 582(3), the additional requirements applying under division 3% for the granting of a high impact mineral development licence on an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 3 for renewal "585.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 584. "(2) For applying section 570, the tribunal must also, before making its native title issues decision, ask the Minister about the extent to which the Minister is satisfied that the holder of the mineral development licence proposed to be renewed has complied with the conditions of the mineral development licence. '(3) For applying section 571, the tribunal must also consider information received from the Minister under subsection (2). 95 Division 2 (Low impact mineral development licences) 96 Division 3 (High impact mineral development licences on alternative provision areas) Hn APRPWN 11 1416 182023 s 54 143 854 Native Title (Queensland) State Provisions Amendment "Requirements for renewal—applying div 4 "586.(1) If this division applies to the renewal of a mineral development licence because of section 582(5), the additional requirements applying under division 497 for the granting of a high impact mineral development licence on non-exclusive land other than an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 4 for renewal "587.(1) This section— (a) applies for applying the provisions of division 4; and (b) does not limit section 586. '(2) For applying section 581, subsections (3) and (4) of this section are taken to be included in section 581. "(3) The tribunal must, before making its native title issues decision, ask the Minister about the extent to which the Minister is satisfied that the holder of the mineral development licence proposed to be renewed has complied with the conditions of the mineral development licence. "(4) For applying section 677, the tribunal must also consider information received from the Minister under subsection (3). 'Division 6—Requirements for subsidiary approvals "Application of div 6 "588.(1) This division applies to the following— (a) the variation of the conditions of— (i) a low impact mineral development licence to allow for activities not limited to low impact activities; or 97 Division 4 (High impact mineral development licences not on alternative provision areas) XY ANRWND o 11 13 1517 19 2225 s 54 144 s 54 Native Title (Queensland) State Provisions Amendment (b) (c) (11) a high impact mineral development licence on an alternative provision area to allow for activities not limited to low impact activities on non-exclusive land, other than an alternative provision area; or (111) a mineral development licence granted on land where native title has been extinguished to include non-exclusive land; the addition, under section 208,98 of stated minerals to a high impact mineral development licence; the addition, under section 226AA,99 of land to a mineral development licence granted over land where native title has been extinguished to include non-exclusive land. "(2) However, this division applies to the variation or addition only if— (a) either of the following applies— (i) for the variation of conditions—were the mineral development licence to be granted again, but containing only the varied conditions, the granting would be an act affecting native title rights and interests; (11) for the addition of minerals or land—were the mineral development licence to be granted again, but only for the added minerals or the added land, the granting would be an act affecting native title rights and interests; and (b) the variation or addition is an act to which the right to negotiate provisions would have otherwise applied; and (c) either of the following applies to the variation or addition— (i) the variation or addition is an approved exploration etc. act under a determination in force under section 26A(1) of the Commonwealth Native Title Act; 98 Section 208 (Adding other minerals to licence) 99 Section 226AA (Application to add excluded land to existing licence) e Foo AN DYN FWNKE Se ee wieN eee Nau NNR KF COO we NN wh N NO wpohd NaW s 54 145 s 54 Native Title (Queensland) State Provisions Amendment (ii) a determination is in force under section 43(1) or 43A(1) of the Commonwealth Native Title Act about alternative provisions applying to the variation or addition, and this division is included in the alternative provisions. "(3) This division applies to the variation or addition only to the extent that the variation or addition relates to a place that is on the landward side of the mean high-water mark of the sea. "(4) The requirements of this division are additional to the requirements of part 6. "Requirements for variation—low impact mineral development licence "589.(1) For the variation of the conditions of a low impact mineral development licence to allow for activities not limited to low impact activities on an alternative provision area, division 3100 applies, with necessary changes, as if the variation were the granting of a high impact mineral development licence. '(2) For the variation of the conditions of a low impact mineral development licence to allow for activities not limited to low impact activities on non-exclusive land, other than an alternative provision area, division 4101 applies, with necessary changes, as if the variation were the granting of a high impact mineral development licence. 100 Division 3 (High impact mineral development licences on alternative provision areas) 101 Division 4 (High impact mineral development licences not on alternative provision areas) CO IYAYN PBwWNHUY 12141719 s 54 146 854 Native Title (Queensland) State Provisions Amendment "Requirements for variation—high impact mineral development 1 licences 2 "590. For the variation of the conditions of a high impact mineral 3 development licences for an alternative provision area to allow for activities 4 not limited to low impact activities on non-exclusive land other than an 5 alternative provision area, division 4 applies, with necessary changes, as if 6 the variation were the granting of a high impact mineral development 7 licence. 8 "Requirements for variation or addition—other mineral development 9 licences 10 "591.(1) This section applies to the variation of the conditions of a 11 mineral development licence granted only over land where native title has 12 been extinguished to include non-exclusive land. 13 '(2) This section also applies to the addition, under section 226AA of 14 land to a mineral development licence granted over land where native title 15 has been extinguished to include non-exclusive land. 16 "(3) If the variation or addition is only for low impact activities, 17 division 2102 applies, with necessary changes, as if the variation or addition 18 were the granting of the mineral development licence. 19 "(4) If the variation or addition is for activities not limited to low impact 20 activities on an alternative provision area, division 3 applies, with necessary 21 changes, as if the variation or addition were the granting of the mineral 22 development licence. 23 "(5) If the variation or addition is for activities not limited to low impact 24 activities on non-exclusive land, other than an alternative provision area, 25 division 4 applies, with necessary changes, as if the variation or addition 26 were the granting of the mineral development licence. 27 102 Division 2 (Low impact mineral development licences) s 54 147 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for approval—adding minerals to mineral development licence "592.(1) For the addition, under section 208, of stated minerals to a low impact mineral development licence, division 2 applies, with necessary changes, as if the addition were the granting of the mineral development licence. "(2) For the addition, under section 208, of stated minerals to a high impact mineral development licence on an alternative provision area, division 3 applies, with necessary changes, as if the addition were the granting of the mineral development licence. "(3) For the addition, under section 208, of stated minerals to a high impact mineral development licence on non-exclusive land, other than an alternative provision area, division 4 applies, with necessary changes, as if the addition were the granting of the mineral development licence. "PART 17—NATIVE TITLE PROVISIONS FOR MINING LEASES 'Division 1—Preliminary 'Purpose of pt 17 "593.(1) The purpose of this part is— (a) to state the additional requirements that apply for the granting of a proposed mining lease or the variation or renewal of a mining lease, under part 7 if the lease is a surface alluvium (gold or tin) mining lease over non-exclusive land; and CNY DWN W Ne e ow Sees Ron 16 19 2123 s 54 148 854 Native Title (Queensland) State Provisions Amendment (b) in stating the additional requirements, to provide a basis for a determination by the Commonwealth Minister under section 26B!03 of the Commonwealth Native Title Act. "(2) The purpose of this part is also— (a) to state additional requirements that apply for the granting of a proposed mining lease, or variation or renewal of a mining lease under part 7 over non-exclusive land if the mining lease is other than a surface alluvium (gold or tin) mining lease; and (b) in stating the additional requirements, to provide alternative provisions under sections 43 and 43A104 of the Commonwealth Native Title Act. 'Limited application of pt 17 to mining lease in approved opal or gem mining area "594. This part does not apply to an act relating to a mining lease in an approved opal or gem mining area to the extent that the act is excluded from the application of the right to negotiate provisions under section 26(2)(d)105 of the Commonwealth Native Title Act. "Meaning of "surface alluvium (gold or tin) mining lease" "595. In this part, a "surface alluvium (gold or tin) mining lease" is a mining lease— (a) that is granted over land that is, or includes, non-exclusive land; and (b) under which the only right to mine is the right to mine gold or tin in surface alluvium; and 103 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act 104 Sections 43 (Modification of Subdivision if satisfactory alternative State or Territory provisions) and 43A (Exception to right to negotiate: satisfactory State/Territory provisions) of the Commonwealth Native Title Act 105 Section 26 (When Subdivision applies) of the Commonwealth Native Title Act e FOO ONAN BP WNeE 13 1517 20 22 24 s 54 149 854 Native Title (Queensland) State Provisions Amendment (c) under which the only way gold or tin may be recovered from the material that is mined is by a washing or an aeration process; and (d) under which the person given the right to mine must rehabilitate any area of land or waters, in which the mining takes place and in relation to which native title rights and interests may exist, for the purpose of minimising the impact of the mining on the land or waters. "No re-opening of issues previously decided "596.(1) This section applies if— (a) the parties to a hearing under this part about the grant of a proposed mining lease (the "mining lease hearing") are identical to the parties to an earlier relevant agreement or hearing; and (b) an issue was decided in the relevant agreement or at the relevant hearing. "(2) A party to the mining lease hearing must not, without the leave of the tribunal, seek to vary the decision on the issue. "(3) In this section— "relevant agreement" means an agreement under part 15 or 16, or under the right to negotiate provisions, about the grant of the exploration permit or mineral development licence for the land the subject of the mining lease. "relevant hearing" means a hearing under part 15 or 16, or under the right to negotiate provisions, about the grant of the exploration permit or mineral development licence for the land the subject of the proposed mining lease. ADWN FW Noe 1114 16 1921 2325 s 54 150 s 54 Native Title (Queensland) State Provisions Amendment 'Division 2—Surface alluvium (gold or tin) mining leases 'Subdivision 1—Preliminary "Application of div 2 "597.(1) This division applies to the granting of a proposed mining lease if— (a) the mining lease is a surface alluvium (gold or tin) mining lease; and (b) the granting of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (ii) that is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the granting of the proposed mining lease— (a) only to the extent that the mining lease relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land the subject of the mining lease is non-exclusive land, whether or not an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 7. 'Definitions for div 2 "598. In this division— "applicant" means the applicant for the proposed surface alluvium (gold or tin) mining lease. "consultation agreement" see section 606(4)(b). Fo © Om NAD UAB WwW See ee ROBY RP Re ee on AWN NR Ne) NN Ne 24 26 s 54 151 s 54 Native Title (Queensland) State Provisions Amendment "consultation matters" includes the purpose of consultation stated in section 604(1) and the matters that consultation must be about under section 604(2). "consultation parties" see section 601. "consultation result notice" see section 606(1). "consultation start day" see section 599(3)(f). "consultation period" see section 603. 'Subdivision 2—Notification requirements "Requirement to notify "599.(1) The applicant must give written notice of the applicant's intention to lodge an application for the grant of a surface alluvium (gold or tin) mining lease, or of the lodgement of the application, to— (a) each native title notification party for the land the subject of the proposed mining lease; and (b) the Native Title Registrar "(2) The notice must be given— (a) no earlier than 2 months before the proposed lodgement; and (b) no later than— (i) the end of the period of 7 days after the certificate of application for the proposed mining lease is endorsed by the mining registrar under section 252(2);106 or (11) if the mining registrar decides a longer period under section 252(7)—the end of the longer period; or (iii) if, under section 600, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. 106 Section 252 (Certificate of application etc.) YN DAW BB WPe 1114 1618 2023 26 s 54 152 s 54 Native Title (Queensland) State Provisions Amendment "(3) The notice must state the following— (a) whether or not the application has been lodged; (b) aclear description of the land, and its location; (c) details of the activities proposed for the land; (d) an outline of the expected impact on the land of the proposed activities; (e) that the applicant must consult with— (i) each registered native title body corporate for the land; and (11) each registered native title claimant for the land; (f) a day (the "consultation start day") for consultation to start under subdivision 3 that is at least 2 months after the giving of the notice to all of the native title notification parties; (g) that the native title notification parties have a right to be heard by the tribunal about whether the lease should be granted and about other matters relating to the grant. 'Notification of mining registrar "600.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of section 599, the applicant must give the mining registrar information in the approved form about the applicant's compliance with section 599. "(2) A copy of the written notice given under section 599(1) must be attached to the approved form. "(3) If the mining registrar is satisfied that a written notice given, or purportedly given, under section 599 has not been given in accordance with the requirements of section 599(1) and (2), or does not comply with the requirements of section 599(3), the mining registrar must— (a) give the applicant a written direction to give a new written notice under section 599; and (b) in the direction, nominate a period within which the direction must be complied with. oN DWN fF W NY 11141820 22 24 26 28 30 s 54 153 s 54 Native Title (Queensland) State Provisions Amendment "(4) The new notice, when given, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Subdivision 3—Consultation requirements "Consultation parties "601. The "consultation parties", for a surface alluvium (gold or tin) mining lease application, are— (a) the applicant; and (b) each registered native title body corporate for the land the subject of the proposed mining lease; and (c) each registered native title claimant for the land. "Requirement to consult "602.(1) The applicant must consult with each other consultation party. (2) However, the applicant is not required to consult with another consultation party if the other party has given the applicant a written notice stating that the party does not wish to be consulted about the application. "Consultation period "603.(1) The "consultation period" for the application— (a) starts on the consultation start day; and (b) ends 2 months after the consultation start day, or if a later or earlier time is agreed under subsection (2) or (3), the later or earlier time. '(2) The consultation period may be extended to an agreed later time if, within 2 months after the consultation start day— (a) the consultation parties agree to the extension; and 13 15182124 s 54 154 s 54 Native Title (Queensland) State Provisions Amendment (b) the mining registrar is notified in writing of the extension. "(3) If at any time the consultation parties agree that there has been enough consultation, the consultation period is taken to end. 'Consultation matters "604.(1) The purpose of the consultation is to minimise the impact of the granting of the surface alluvium (gold or tin) mining lease applied for on land in relation to which native title rights and interests may exist and that will be affected by the granting of the mining lease. '(2) In particular, the consultation must be about the matters mentioned in section 26B(8)!07 of the Commonwealth Native Title Act, as follows— (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; (b) any access to the land or waters to which the native title rights and interests relate by— (i) the persons mentioned in paragraph (a); or (i1) any person who will do anything that is authorised because of, or results from, or otherwise relates to, the mining lease applied for; (c) the way in which any rehabilitation or other thing that is authorised because of, results from, or otherwise relates to, the mining lease applied for, is to be done. 107 Section 26B (Approved gold or tin mining acts) of the Commonwealth Native Title Act w COND Lf 1214 16 1922 s 54 155 s 54 Native Title (Queensland) State Provisions Amendment "Consultation parties may seek mediation "605.(1) In the consultation period, a consultation party may ask the mining registrar to hold a conference for mediation about the application. "(2) Sections 254 to 259 apply to the conference as if the request were a request made under section 254(1)(a)108 by an owner of land affected by the application. "(3) Despite section 255(3),109 a consultation party may be represented at the conference by a lawyer. "(4) Subject to any order made under section 259,110 a party to the conference must pay the party's own costs for the conference. 'Notice of result of consultation "606.(1) The applicant must, and a consultation party, other than the applicant, may, as soon as practicable after the consultation period ends, give a written notice (a "consultation result notice") to the mining registrar. '(2) The applicant must, as soon as practicable after giving a consultation result notice, give a copy of it to each other consultation party. "(3) Ifa consultation party, other than the applicant, gives a consultation result notice, the party must, as soon as practicable after giving the notice, give a copy of it to each other consultation party. "(4) A consultation result notice must state the following— (a) any outcome of the consultation; (b) whether the consultation parties have reached an agreement for the granting of the surface alluvium (gold or tin) mining lease applied for (a "consultation agreement"); 108 Section 254 (Mining registrar may call conference in some cases) 109 Section 255 (Who may attend conference) 110 Section 259 (Tribunal may award costs) SO OMNI DNF WN e 1315 17 1922 24 s 54 156 s 54 Native Title (Queensland) State Provisions Amendment (c) if a consultation agreement has not been reached, but the consultation parties have agreed in part about the granting of the surface alluvium (gold or tin) mining lease applied for, details of the partial agreement. "(5) If a consultation agreement has been reached, a copy of the consultation agreement, signed by all consultation parties, must be given to the mining registrar with the consultation result notice. "(6) The consultation agreement has effect, if the proposed mining lease is granted, as if— (a) any conditions included in the agreement are the terms of a contract; and (b) the consultation parties are parties to the contract; and (c) if a consultation party is a registered native title claimant—any individual included in the native title claim group concerned is a party to the contract. "(7) Subsection (6) has effect in addition to any other effect that the agreement may have apart from under subsection (6). "(8) The additional requirements provided for in subdivision 4 stop applying to the application if— (a) aconsultation result notice has been given; and (b) aconsultation agreement has been reached; and (c) all other native title notification parties for the land have waived their rights to be heard. 'Subdivision 4—Hearing requirements "Application of sdiv 4 '607. This subdivision applies only if— (a) the consultation period for an application for the granting of the surface alluvium (gold or tin) mining lease has ended; and = S CHO YAY BwWHHE Se See N Ree nan BW Ree na ee \o No N re SO NN wh 26 28 s 54 157 s 54 Native Title (Queensland) State Provisions Amendment (b) any of the following applies— (i) a consultation agreement has not been reached about the application; (11) the applicant has not given a consultation result notice within 7 days after the end of the consultation period; (11) at least 1 of the native title notification parties for the land the subject of the proposed mining lease has not waived the party's right to be heard. 'Native title notification parties' right to be heard "608.(1) Each native title notification party for the land has a right to be heard by the tribunal about— (a) whether the surface alluvium (gold or tin) mining lease applied for is to be granted; and (b) any other matter relating to the grant. '(2) A native title notification party may at any time, by a notice in writing to the mining registrar, waive the party's right to be heard. 'Fixing of combined hearing day "609.(1) The mining registrar must, within 14 days after the consultation period ends, fix a day for the tribunal to hear the application under section 265111, as if an objection had been lodged under section 260.112 '(2) The mining registrar must give written notice of the day to— (a) each consultation party for the application; and (b) all other native title notification parties for the land who have not waived their rights to be heard. "(3) The notice must state that, at the hearing, each of the native title notification parties has a right to be heard by the tribunal about— 111 Section 265 (Mining registrar to fix hearing date) 112 Section 260 (Objection to application for grant of mining lease) COA Ap Wh 11 13 16 1922 24 26 s 54 158 s 54 Native Title (Queensland) State Provisions Amendment (a) whether the surface alluvium (gold or tin) mining lease applied for is to be granted; and (b) any other matter relating to the grant. "(4) The tribunal must not, under section 270,113 dispense with a hearing. 'Tribunal must consider consultation matters and agreed issues "610. In making its recommendation to the Minister under section 269,114 the tribunal must take into account— (a) the consultation matters; and (b) any issue agreed between the consultation parties; and (c) any other matter raised before the tribunal by a native title notification party relating to the grant of the surface alluvium (gold or tin) mining lease. 'Decision about compensation to be made at hearing "611. If, at the end of the hearing for the application, the consultation parties have not reached an agreement about compensation, the tribunal, whether or not an application has been made to the tribunal about compensation, must also make any compensation decision or compensation trust decision that is required to be made under part 18115 before the surface alluvium (gold or tin) mining claim is granted. "General time requirement for hearing "612.(1) The tribunal must take all reasonable steps to ensure the hearing for the application is finished within 3 months after the day the consultation parties were notified of the hearing. '(2) However, if the consultation parties ask, the tribunal may— 113 Section 270 (Procedure where no objections lodged) 114 Section 269 (Tribunal's recommendation on hearing) 115 Part 18 (Compensation provisions) BW Ne oi nD WN 11151719 22 s 54 159 s 54 Native Title (Queensland) State Provisions Amendment (a) provide mediation about the issues in dispute to the extent that, it considers, referral of the parties to mediation will be consistent with finishing the combined hearing as soon as practicable; or (b) order further consultation on conditions it sees fit. 'Subdivision 5—Notice of grant 'Notice of grant to other consultation parties "613.(1) If the Governor in Council grants the surface alluvium (gold or tin) mining lease, the holder of the mining lease must, within 28 days after the holder receives notice of the grant, give a written notice complying with subsection (2) to the following— (a) each other consultation party; (b) each representative Aboriginal/Torres Strait Islander body heard by the tribunal in any hearing for the grant of the surface alluvium (gold or tin) mining lease. Maximum penalty—100 penalty units. "(2) The written notice must— (a) advise the granting of the surface alluvium (gold or tin) mining lease; and (b) state the conditions of the surface alluvium (gold or tin) mining lease. 'Division 3—Other mining leases on alternative provision areas 'Subdivision 1—Preliminary "Application of div 3 "614.(1) This division applies to the granting of a proposed mining lease if— 25 s 54 160 s 54 Native Title (Queensland) State Provisions Amendment (a) the mining lease is other than a surface alluvium (gold or tin) mining lease; and (b) the granting of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mining lease— (a) only to the extent that the mining lease relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land is non-exclusive land that is an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 7. "(4) Despite subsections (1) to (3), this division does not apply to the granting of the proposed mining lease if the applicant elects that the additional requirements stated in division 4 apply instead of the additional requirements stated in this division. 'Definitions for div 3 "615. In this division— "applicant" means the applicant for the proposed mining lease. "closing day (native title issues)", for the proposed mining lease, see section 617(3). "combined hearing", for the proposed mining lease, see section 636. "consultation and negotiation parties", for the proposed mining lease, see section 622(1). BESO CAI DAWN FB WNL il oon wn Ree ns Ree na Nporere Foo Cw 2326 29 s 54 161 s 54 Native Title (Queensland) State Provisions Amendment "consultation and negotiation period", for the proposed mining lease, see section 623. "contract conditions" see section 640(1). "land" means the land the subject of the proposed mining lease. "native title issues decision" see section 634(1). "negotiated agreement", for the proposed mining lease, see section 624(1). "notification day (native title issues)", for the proposed mining lease, see section 617(2). "registered native title party" see section 619. 'Subdivision 2—Notification and registration requirements "Requirement to notify "616.(1) The applicant must give a written notice about the proposed mining lease to— (a) all native title notification parties for the land; and (b) the Native Title Registrar '(2) The applicant must also make sure that a public notice, containing the information contained in the written notice mentioned in subsection (1), is published in— (a) anewspaper circulating generally in the area of the land; and (b) arelevant special interest publication. "(3) The written notice must be given under subsection (1), and the public notice must be published under subsection (2)— (a) not earlier than 3 months before the application for the proposed mining lease is lodged; and (b) not later than— Co ND WA Bw NYE 14 16 1821 23 25 s 54 162 s 54 Native Title (Queensland) State Provisions Amendment (i) the end of the period of 28 days after the certificate of application for the proposed mining lease is endorsed by the mining registrar under section 252(2) or reissued under section 253;116 or (11) if the mining registrar decides a longer period under section 252(7)—the end of the longer period; or (iii) if, under section 618, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "(4) The written notice may be about more than | proposed mining lease. 'Content of written notice "617.(1) The written notice must state the following— (a) (b) (d) (e) (f) the following days for the proposed mining lease— (i) _ the notification day (native title issues); (11) the closing day (native title issues); how a person may become a registered native title party; that registered native title parties have a right— (i) to be consulted about the proposed mining lease; and (11) to object to the granting of the proposed mining lease; and (11) to negotiate with a view to reaching agreement about the granting of the proposed mining lease; a clear description of the land, and its location; a description of the nature of the proposed mining lease; that the proposed mining lease, if granted, will be granted by the Governor in Council; 116 Section 252 (Certificate of application etc.), section 253 (Reissue of certificate of application) SeomIA DAN DRWNHY eS an 1315171922 24 26 s 54 163 s 54 Native Title (Queensland) State Provisions Amendment (g) how further information about the proposed mining lease, and about the matters mentioned in paragraph (c), can be obtained from the applicant and from the mining registrar. '(2) The "notification day (native title issues)" must be a day that may reasonably be assumed to be a day by which— (a) the written notice will have been received by each person to whom it is to be given, and (b) the public notice will have come to the attention of each person to whom the public notice is directed. "(3) The "closing day (native title issues)" must be a day at least 3 months after the notification day (native title issues). 'Notification of mining registrar "618.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of sections 616 and 617, the applicant must give the mining registrar information in the approved form about the applicant's compliance with sections 616 and 617. "(2) The following must be attached to the approved form— (a) acopy of the written notice given under section 616(1); (b) the page, or a copy of the page, of the newspaper mentioned in section 616(2)(a) that contained the public notice mentioned in section 616(2); (c) the page, or a copy of the page, of the relevant special interest publication mentioned in section 616(2)(b) that contained the public notice mentioned in section 616(2). '(3) The mining registrar must give the applicant a written direction to give a new written notice, and publish a new public notice, under sections 616 and 617 if the mining registrar is satisfied that 1 or more of the following applies— (a) the giving of the written notice was not in accordance with the requirements of section 616(1) and (3); EO CA NID WH Wpoe ee 1416 18 20232628 30 s 54 164 854 Native Title (Queensland) State Provisions Amendment (b) the content of the written notice was not in accordance with the requirements of section 617; (c) the publication of the public notice was not in accordance with the requirements of section 616(2) and (3). '(4) The written direction must nominate a period within which the direction must be complied with. "(5) The new written notice, when given, and the new public notice, when published, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Registered native title parties "619.(1) An entity is a "registered native title party" depending on when the issue has to be considered. "(2) On the closing day (native title issues), and at any time before it, each of the following entities is a "registered native title party"— (a) aregistered native title body corporate in relation to the land; (b) aregistered native title claimant in relation to the land. "(3) At any time in the 1 month immediately following the closing day (native title issues), each of the following entities is a "registered native title party"— (a) aregistered native title body corporate in relation to the land, if the body corporate was a registered native title body corporate in relation to the land on or before the closing day (native title issues); (b) aregistered native title body corporate in relation to the land, if the body corporate became a registered native title body corporate in relation to the land— (i) after the closing day (native title issues); and Oo won nn Bw Ne e Oo 13 15 17 192224 26 s 54 165 s 54 Native Title (Queensland) State Provisions Amendment (i1) as a result of a native title determination application containing a claim that was entered on the register of native title claims as at the closing day (native title issues); (c) an entity that filed a native title determination application in the Federal Court in relation to the land on or before the closing day (native title issues). "(4) At any time after the 1 month immediately following the closing day (native title issues), each of the following entities is a "registered native title party"— (a) aregistered native title body corporate in relation to the land, if the body corporate was a registered native title body corporate in relation to the land on or before the closing day (native title issues); (b) aregistered native title body corporate in relation to the land, if the body corporate became a registered native title body corporate in relation to the land as a result of a native title determination application containing a claim that was entered on the register of native title claims as at the closing day (native title issues); (c) an entity that is a registered native title claimant in relation to the land, if the entity— (i) filed a native title determination application in the Federal Court on or before the closing day (native title issues); and (11) was a registered native title claimant in relation to the land as at 1 month after the closing day (native title issues). "(5) If a person (the "first person") becomes a registered native title claimant because the first person replaces another person as the applicant in relation to a claimant application, and the other person is a registered native title party, the first person also replaces the other person as the registered native title party. COI ANR WHE eee WryNr © ee eee CNA UNA Ne cow NN Ne N RBS NwNNN SOIAUA s 54 166 s 54 Native Title (Queensland) State Provisions Amendment "Advice to mining registrar "620.(1) As soon as practicable after the closing day (native title issues) for the proposed mining lease, the applicant must give the mining registrar a list, in the approved form, of the names and addresses of— (a) all registered native title parties as at the closing day (native title issues); and (b) all entities that may become registered native title parties. '(2) As soon as practicable after the end of 1 month after the closing day (native title issues) for the proposed mining lease, the applicant must give the mining registrar a list in the approved form of the names and addresses of all entities that have become registered native title parties in the month. "(3) Subsection (2) does not apply if at the closing day (native title issues), there were no entities that might have become registered native title parties. 'Ending of additional requirements "621. The additional requirements provided for under this division stop applying for the proposed mining lease if after the closing day (native title issues )— (a) there are no registered native title parties, and no entities who may become registered native title parties; or (b) the following entities certify in the approved form lodged with the mining registrar that they do not object to the grant of the proposed mining lease and do not wish to be consulted about it— (i) all registered native title parties; (11) if 1 month after the closing day (native title issues) has not expired, all entities who may become registered native title parties. FOO mA A DWN FWN ee eli andilend RwWN 1720 2226 s 54 167 s 54 Native Title (Queensland) State Provisions Amendment 'Subdivision 3—Consultation and negotiation 'Parties to consultation and negotiation "622.(1) The parties to the consultation and negotiation required under this subdivision about the granting of the proposed mining lease are the following (the "consultation and negotiation parties" for the proposed mining lease)— (a) the applicant; (b) the registered native title parties; (c) the State. "(2) However, the State stops being a consultation and negotiation party for the proposed mining lease if the State and the other consultation and negotiation parties for the proposed mining lease at any time agree, in the approved form lodged with the mining registrar, that the State is not to be a consultation and negotiation party. "(3) Also, if the consultation and negotiation parties at any time agree, in the approved form lodged with the mining registrar, that the State is to take a particular role in the consultation and negotiation, stated in the lodged approved form, the State may adopt the stated role, even though it is no longer a consultation and negotiation party. "(4) A registered native title party is taken to stop being a consultation and negotiation party if the party lodges an approved form under section 621(b). 'Consultation and negotiation period "623.(1) The "consultation and negotiation period" for the proposed mining lease starts on the later of the following— (a) the day immediately after the closing day (native title issues) for the proposed mining lease; (b) the day the mining registrar endorses the certificate of application under section 252(2).117 117 Section 252 (Certificate of application etc.) oN DAWNBW LB 1113161821 24 26 28 s 54 168 s 54 Native Title (Queensland) State Provisions Amendment '(2) The "consultation and negotiation period" for the proposed mining lease ends— (a) if paragraph (b) does not apply—3 months after the period starts; or (b) if, within 3 months after the period starts, the consultation and negotiation parties agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—at the agreed later time. "(3) However, if an environmental impact statement is completed under part 7 for the proposed mining lease, the consultation and negotiation period for the proposed mining lease ends on the later of the following— (a) 3 months after the day the mining registrar displays the notice about the environmental impact statement at the mining registrar's office under section 264(3);118 (b) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—at the agreed later time; (c) the time that would otherwise apply under subsection (2). "Requirement for consultation and negotiation "624.(1) In the consultation and negotiation period, the consultation and negotiation parties for the proposed mining lease must consult and negotiate with a view to obtaining the agreement of each of the registered native title patties (a "negotiated agreement") to— (a) the granting of the proposed mining lease; and (b) any conditions to be complied with by the consultation and negotiation parties if the proposed mining lease is granted. '(2) Also, as part of the consultation and negotiation— 118 Section 264 (What happens after environmental impact statement is prepared?) wmarnnn RW Ne \o RP Re NRO Ree nan BW ee ee OW ND N Co 2325 28 s 54 169 s 54 Native Title (Queensland) State Provisions Amendment (a) the applicant— (i) must consult the registered native title parties about ways of minimising the impact of the grant of the proposed mining lease on their registered native title rights and interests in relation to the land, including about— (A) any access to the land; and (B) the way in which anything authorised by the proposed mining lease might be done; and (11) for the consultation, must have regard to the guidelines set out in this subdivision for applicant consultation; and (b) the registered native title parties— (i) must consult the other consultation and negotiation parties about the effect of the grant of the proposed mining lease on their registered native title rights and interests; and (11) for the consultation, must have regard to the guidelines stated in this subdivision for registered native title party consultation. 'Content of negotiation "625.(1) Subsections (3) to (5) apply for the requirement under this subdivision to negotiate. '(2) However, subject to those subsections, this subdivision does not limit the requirements that apply for negotiation. "(3) A consultation and negotiation party must make every reasonable effort to reach agreement. "(4) A consultation and negotiation party is not required to negotiate about issues unrelated or unconnected to the proposed mining lease. "(5) A consultation and negotiation party is not required to negotiate about matters unrelated to the impact of the grant of the proposed mining lease on the registered native title rights and interests of registered native title parties. SO ONY HDA NWDHBWY | eS an ll iil on' wb RP Ree NAW 20 22 24 26 2830 s 54 170 s 54 Native Title (Queensland) State Provisions Amendment 'Failure to negotiate "626. The failure of 1 consultation and negotiation party to negotiate as required under this subdivision can not be used to establish that another consultation and negotiation party has not negotiated as required under this subdivision. "Request for mediation "627.(1) At any time during the consultation and negotiation period, a consultation and negotiation party may ask for mediation to help in resolving issues relevant to the consultation and negotiation. "(2) If a consultation and negotiation party asks for mediation under subsection (1), mediation— (a) must be conducted by— (i) a mediator chosen by the consultation and negotiation parties; or (11) if the consultation and negotiation parties are not able to agree on a mediator and the party asks the tribunal to provide the mediation—the tribunal, or a mediator chosen by the tribunal; and (b) does not extend the consultation and negotiation period; and (c) may continue after the consultation and negotiation period has ended if the consultation and negotiation parties agree; and (d) may end at any time— (i) _ by decision of the mediator; or (11) by agreement of the consultation and negotiation parties. 'Process for consultation and negotiation—applicant consultation "628.(1) This section states guidelines for applicant consultation under this subdivision. '(2) The consultation should start as soon as practicable after the consultation and negotiation period starts. aA pRWN 27 29 s 54 171 s 54 Native Title (Queensland) State Provisions Amendment "(3) The applicant should— (a) give each registered native title party a true copy of the application for the proposed mining lease (but not the statement detailing the applicant's financial and technical resources) and the endorsed certificate of application; and (b) convene at least 1 meeting ("consultation meeting") to provide a reasonable opportunity for all registered native title parties to be given a presentation about the proposed mining lease. "(4) A consultation meeting may be— (a) inthe town or city where the mining registrar is located; or (b) ina town or city in which there is an office of the representative Aboriginal/Torres Strait Islander body for the area that includes the land; or (c) at another place agreed between the consultation and negotiation parties. "(5) A consultation meeting should be convened at a time and place suitable for maximising attendance. "(6) If the applicant has convened a consultation meeting under subsection (3)(b), the meeting is taken to have happened even though not all, or none, of the registered native title parties attended the meeting. "(7) The presentation mentioned in subsection (3)(b) should be directed at providing registered native title parties with an understanding of the anticipated nature, extent and impact of the project authorised by the grant of the proposed mining lease. "(8) Consultation under this section should be completed within 1 month after the consultation and negotiation period starts. "Process for consultation and negotiation—registered native title parties consultation "629.(1) This section states the guidelines for registered native title party consultation under this subdivision. CMIAD NDHRhWH | e Oo RP Re WNre Ree ns Ree na Nee ome) Nwpn Nd BRWNe NN Hun 28 30 s 54 172 s 54 Native Title (Queensland) State Provisions Amendment '(2) The consultation should be carried out as soon as practicable after the applicant consultation has been completed. "(3) Each registered native title party should advise the other consultation and negotiation parties about the impact the party considers the grant of the proposed mining lease will have on the party's registered native title rights and interests. 'Process for consultation and negotiation—taking account of existing rights, interests and use "630. Without limiting the scope of consultation and negotiation under this subdivision, the nature and extent of the following may be taken into account— (a) existing non-native title rights and interests in relation to the land; (b) existing use of the land by persons, other than the registered native title parties; (c) the practical effect of the exercise of any existing non-native title rights and interests mentioned in paragraph (a), and of the existing use mentioned in paragraph (b), on the exercise of native title rights and interests in relation to the land. 'Process for consultation and negotiation—negotiated agreement with or without conditions attached "631.(1) This section applies if a negotiated agreement is reached, whether or not the negotiated agreement includes conditions to be complied with by the consultation and negotiation parties for the proposed mining lease if the proposed mining lease is granted. '(2) The consultation and negotiation parties must— (a) lodge a certificate in the approved form with the mining registrar stating that a negotiated agreement has been reached for the proposed mining lease; and (b) give a copy of the certificate to the tribunal. DunfwWwW NE 20 2224 27 s 54 173 s 54 Native Title (Queensland) State Provisions Amendment "(3) When the approved form has been lodged under subsection (2), the additional requirements provided for under this division, other than section 632, stop applying to the proposed mining lease. 'Process for consultation and negotiation—negotiated agreement with conditions attached "632.(1) This section applies if a negotiated agreement is reached, and the negotiated agreement includes conditions to be complied with by the consultation and negotiation parties for the proposed mining lease if the proposed mining lease is granted. '(2) The negotiated agreement has effect, if the proposed mining lease is granted, as if— (a) the conditions included in the agreement were the terms of a contract; and (b) all the consultation and negotiation parties were parties to the contract; and (c) if a registered native title party is a registered native title claimant—any individual included in the native title claim group concerned were a party to the contract. "(3) Subsection (2) has effect in addition to any other effect that the negotiated agreement may have apart from under subsection (2). 'Objection during consultation and negotiation period "633.(1) At any time during the consultation and negotiation period, a registered native title party may lodge an objection to the proposed mining lease on the ground that the granting of the proposed mining lease would affect the party's registered native title rights and interests or on any other matter relating to the grant. "(2) The objection— (a) must be made in writing in the approved form; and (b) must be lodged with the mining registrar; and wn FO OMOND NAEP ee ee wn Ree ns eeu ona Ne cow 2326 28 s 54 174 s 54 Native Title (Queensland) State Provisions Amendment (c) must state the facts and circumstances relied on by the registered native title party in support of the ground of objection. "(3) Anything about the amount or payment of compensation is not a ground for objection. '(4) The registered native title party must also give a copy of the objection, and all material accompanying the objection, to the other consultation and negotiation parties and the tribunal as soon as practicable after the objection is lodged with the mining registrar. "(5) At any time before the consultation and negotiation period has ended, the registered native title party may withdraw the objection by lodging with the mining registrar a written notice withdrawing the objection. "(6) The registered native title party must also give a copy of the written notice withdrawing the objection to the other consultation and negotiation parties and the tribunal as soon as practicable after the withdrawal of the objection is lodged with the mining registrar. '(7) The registered native title party must withdraw the objection under this section if at any time a negotiated agreement is reached. "(8) The registered native title party may object about the effect of the grant of the proposed mining lease on its registered native title rights and interests under this section only, and may not object under section 260!19 about the effect of the grant of the proposed mining lease on its registered native title rights and interests. "(9) If at any time a person who has lodged an objection under this section stops being a registered native title party, the objection is taken to have been withdrawn. "(10) However, an objection continues to have effect as an objection if the person who lodged the objection stops being a registered native title party because— 119 Section 260 (Objection to application for grant of mining lease) re oO moray nn RW Ne RP eee ee A pPwWN Ree na N NR eR YVRSGSe N N ARS NO wpeN wornD s 54 175 s 54 Native Title (Queensland) State Provisions Amendment (a) the person is replaced by another person (the "replacing person") under section 66B120 of the Commonwealth Native Title Act; or (b) an approved determination of native title that native title exists is made, and immediately before the determination is made, the person is a registered native title claimant. "(11) If an objection continues to have effect as an objection because of subsection (10)(a), the objection it taken to have been lodged by the replacing person. "(12) If an objection continues to have effect as an objection because of subsection (10)(b), the objection it taken to have been lodged by the relevant registered native title body corporate. "(13) An objection lodged under this section, if it is not withdrawn, must be given to the tribunal and must be heard by the tribunal in a combined hearing under subdivision 4. "(14) However, the tribunal must not hear an objection if the objection has not been made in substantial compliance with this section. 'Subdivision 4—Referral and native title issues decision 'Referral of proposed mining lease to tribunal "634.(1) If the consultation and negotiation period has ended, but a negotiated agreement has not been reached, a consultation and negotiation party for the proposed mining lease may refer the proposed mining lease to the tribunal for a decision under this division (a "native title issues decision"). "(2) The referral must be— (a) lodged with the mining registrar; and (b) made in the approved form. 120 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act ort AWK We \o RP Re NRO eee AK w Ree na 212326 s 54 176 s 54 Native Title (Queensland) State Provisions Amendment "(3) A copy of the approved form lodged with the mining registrar must also be given to the other consultation and negotiation parties for the proposed mining lease. "(4) If there has been no referral within 3 months after the end of the consultation and negotiation period, the Minister may reject the application for the proposed mining lease. "(5) If the consultation and negotiation period has ended, and a registered native title party who lodged an objection under section 633 has not withdrawn the objection, the proposed mining lease is taken to have been referred to the tribunal under subsection (1). 'Continuing negotiation and mediation "635.(1) After the referral of the proposed mining lease to the tribunal, the consultation and negotiation parties for the proposed mining lease may continue to negotiate to reach a negotiated agreement before the native title issues decision is made. '(2) If a negotiated agreement is reached, all referrals of the proposed mining lease to the tribunal are taken to be withdrawn, and the tribunal must not make a native title issues decision. 'Combined hearing "636.(1) The hearing under part 7 of the application for the grant of the proposed mining lease must include the following— (a) the hearing of the objections and other matters mentioned in section 268(1);121 (b) the hearing for a native title issues decision, including the hearing of any objections lodged under section 633. '(2) The hearing mentioned in subsection (1) is a "combined hearing". 121 Section 268 (Hearing of application for grant of mining lease) SC OMN AUK WNHE e 1315 1721 23 25 s 54 177 s 54 Native Title (Queensland) State Provisions Amendment "(3) The tribunal must not act under section 270!22 to dispense with a hearing, unless a negotiated agreement has been reached. "(4) All consultation and negotiation parties have the right to be heard at the combined hearing. 'Fixing of date for combined hearing "637.(1) This section applies if the mining registrar is required to fix under section 265!23 a hearing date for the combined hearing, but there has not yet been a referral (other than a referral that has been withdrawn) of the mining lease for a native title issues decision. '(2) The mining registrar may, if the applicant agrees, fix a hearing date for the application for the proposed mining lease, and any objections to the application, under section 265 as if the hearing were not a combined hearing. "(3) At the hearing, the tribunal may— (a) proceed with the hearing of the application for the proposed mining lease, and any objections to the application, as if the hearing were not a combined hearing; and (b) at an appropriate time adjourn the hearing; and "(4) However, as soon as practicable after a negotiated agreement is reached or the proposed mining lease is referred to the tribunal for a native title issues decision, the tribunal must reconvene the combined hearing. "(5) The mining registrar may defer fixing a date for the combined hearing until the proposed mining lease is referred to the tribunal for a native title issues decision. "(6) If the proposed mining lease has been referred to the tribunal for a native title issues decision, but the mining registrar is not yet required under section 265 to fix a hearing date for the combined hearing, the mining registrar must fix a date for the combined hearing when the mining registrar is able to fix a date under section 265. 122 Section 270 (Procedure where no objections lodged) 123 Section 265 (Mining registrar to fix hearing date) BW Ne on DND Nn 121620232628 s 54 178 s 54 Native Title (Queensland) State Provisions Amendment 'Subdivision 5—Requirements for combined hearing 'Directions about conduct of combined hearing "638. At any time after the referral of the proposed mining lease for a native title issues decision, the tribunal may give directions to the consultation and negotiation parties, including directions about the filing and serving of the following— (a) a statement by the applicant that includes a copy of the material provided to the registered native title parties under subdivision 3; (b) astatement of impact by each registered native title party, stating the effect the party considers the grant of the proposed mining lease will have on the party's registered native title rights and interests; (c) submissions by any of the consultation and negotiation parties on the matters the tribunal will be required to take into account for making its native title issues decision. "Issue of compliance with sdiv 3 "639.(1) If a consultation and negotiation party raises the issue of whether another consultation and negotiation party has complied with subdivision 3, including with the requirement for negotiation, the issue must be dealt with as a part of the combined hearing for the application for the grant of the proposed mining lease. '(2) If at the combined hearing the tribunal is not satisfied that the applicant or the State has complied with subdivision 3, including with the requirement for negotiation, it may adjourn the combined hearing to allow for the subdivision to be complied with by all the consultation and negotiation parties. "(3) An adjournment under subsection (2) may only be for a maximum period of 3 months. "(4) If the tribunal is satisfied that a registered native title party did not comply with subdivision 3, including with the requirement for negotiation, the tribunal may not adjourn the combined hearing on that ground alone. 18202326 28 30 s 54 179 s 54 Native Title (Queensland) State Provisions Amendment "(5) However, the tribunal may take the failure of a consultation and negotiation party to comply with subdivision 3 into account in making its native title issues decision. "(6) A consultation and negotiation party can not raise the issue of the State's compliance with subdivision 3, including the requirement for negotiation, on the ground that the State stopped being a consultation and negotiation party under section 622(2) or took a particular role under section 622(3). 'Nature of native title issues decision "640.(1) The native title issues decision must be 1 of the following— (a) that the proposed mining lease may be granted; (b) that the proposed mining lease may be granted, but subject to either or both of the following— (i) that conditions, described or identified in the native title issues decision, are to be included in the mining lease; (ii) that conditions ("contract conditions"), described or identified in the native title issues decision, are required to be complied with by 1 or more of the consultation and negotiation parties (even though the conditions are not included in the mining lease); (c) that the proposed mining lease should not be granted. "(2) If, at the end of the combined hearing, the consultation and negotiation parties have not reached an agreement about compensation, the tribunal, whether or not an application has been made to the tribunal about compensation, must also make any compensation decision or compensation trust decision that is required to be made under part 18 before the mining lease is granted. "(3) The tribunal must not include a condition, whether or not a contract condition, that has the effect that a registered native title party is entitled to payments from the applicant worked out by reference to | or more of the following— CIADAHK WHPe 11 13 15 171923262931 s 54 180 s 54 Native Title (Queensland) State Provisions Amendment (a) the amount of profits to be made under the proposed mining lease; (b) the amount of any income to be derived under the proposed mining lease; (c) anything to be produced under the proposed mining lease. 'Timing of tribunal's recommendation and native title issues decision '641. The tribunal must advise the Minister of its native title issues decision when the tribunal forwards its recommendation to the Minister under section 269(1).124 'Tribunal's native title issues decision "642.(1) In making its native title issues decision, the tribunal must take into account the effect of the proposed mining lease on— (a) the enjoyment by the registered native title parties of their registered native title rights and interests; and (b) the economic or other significance of the grant of the proposed mining lease to the following— (i) Australia; (11) Queensland; (111) the region; (iv) the inhabitants of the area in which the land is located. (2) In taking into account the matters mentioned in subsection (1), the tribunal may also consider the effect of the grant of the proposed mining lease on— (a) the way of life, culture, traditions and economic interests of any of the registered native title parties; and (b) the freedom of access by any of the registered native title parties to the land; and 124 Section 269 (Tribunal recommendation on hearing) nA BW NYE oor a 12 14 16 1820 2225 27 s 54 181 s 54 Native Title (Queensland) State Provisions Amendment (c) the carrying out, by any of the registered native title parties, of rites, ceremonies or other activities of cultural significance, on the land, in accordance with their traditions; and (d) any area or site of particular significance to the registered native title parties in accordance with their traditions, that is located on the land; and (e) any other matter the tribunal considers relevant. "(3) In deciding the effect of the grant of the proposed mining lease on the matter mentioned in subsection (1)(a), the tribunal must also take into account— (a) the nature and extent of— (i) existing non-native title rights and interests in relation to the land of persons other than the registered native title parties; and (11) existing use of the land by persons other than the registered native title parties; and (b) the practical effect on the exercise of native title rights and interests in relation to the land of— (i) the exercise of any existing non-native title rights and interests mentioned in paragraph (a)(i); and (11) the existing use mentioned in paragraph (a)(11). "(4) In complying with subsections (1) to (3), the tribunal must take into account the content of all objections lodged under this division to the granting of the proposed mining lease, and any other documents lodged or filed under this division. "(5) Taking into account the effect of the grant of the proposed mining lease on an area or site mentioned in subsection (2)(d) does not affect the operation of any law of the State for the preservation or protection of those areas or sites. "(6) Before making the native title issues decision— SOM NY ANWR WHPH eS an ll iil on' wb FR loon ile' on Ne cow N pan Nwonnd An pBwWN NwHnnNN Conan Ww Oo s 54 182 s 54 Native Title (Queensland) State Provisions Amendment (a) (b) the tribunal must establish whether there are any issues relevant to its decision on which the consultation and negotiation parties are currently in agreement; and if there are agreed issues under paragraph (a), and all the consultation and negotiation parties consent—the tribunal, in making its native title issues decision— (i) must take the agreed issues into account; and (11) need not take into account the matters mentioned in subsection (1), and need not consider the matters mentioned in subsection (2), to the extent the matters are the subject of the agreed issues. 'Deferred matters "643.(1) As well as making the native title issues decision, the tribunal may make a decision about matters (the "deferred matters") that— (a) (b) (c) (d) were the subject of consultation and negotiation in the consultation and negotiation period for the proposed mining lease; and under an agreement that includes all the consultation and negotiation parties, are to be the subject of further consultation and negotiation, or are to be decided in a way stated in the decision under this section; and are not reasonably capable of being decided when the native title issues decision is made; and are not directly relevant to the native title issues decision. "(2) The tribunal must give a copy of its decision under this section to— (a) (b) the consultation and negotiation parties; and if the State is not a consultation and negotiation party, the mining registrar. "(3) The tribunal's decision under this section about the deferred matters is binding on all the consultation and negotiation parties. Ne Bowe NN ANR WwW 14 16 1820 22 2427 29 s 54 183 s 54 Native Title (Queensland) State Provisions Amendment "(4) If the decision under this section is that the deferred matters are to be decided by arbitration, and after the decision is made, the consultation and negotiation parties can not agree on the way the arbitration is to take place, the tribunal, on the application of a consultation and negotiation party, has jurisdiction to decide the deferred matters. "General time requirement for making native title issues decision "644.(1) The tribunal must take all reasonable steps to make sure that the native title issues decision is made within 4 months after the proposed mining lease is referred to the tribunal for the decision. "(2) If the native title issues decision is not made within the 4 months, the tribunal must, as soon as practicable after the 4 months ends, give a written notice to the Minister— (a) advising why the native title issues decision has not yet been made; and (b) giving an estimate of when the decision is likely to be made. 'Effect of native title issues decision "645.(1) The native title issues decision must be complied with by the Minister, including in any recommendation of the Minister to the Governor in Council under section 271,!25 unless the Minister overrules the native title issues decision under subdivision 6. "(2) If the native title issues decision is that the proposed mining lease should not be granted, the tribunal may nevertheless recommend under section 269126 that the application for the proposed mining lease should be granted. 125 Section 271 (Minister to consider recommendations made in respect of application for grant of mining lease) 126 Section 269 (Tribunal's recommendation on hearing) aA pRWNe 1820 2224 s 54 184 854 Native Title (Queensland) State Provisions Amendment "(3) However if subsection (2) applies, the Minister must not recommend to the Governor in Council under section 271 that the proposed mining lease be granted unless the Minister overrules the native title issues decision under section 646. 'Subdivision 6—Overruling of native title issues decision 'Minister may overrule native title issues decision "646.(1) The Minister may overrule the native title issues decision, but only if— (a) the Minister principally responsible for indigenous affairs has been given a copy of the native title issues decision and is consulted about— (i) _ the native title issues decision; and (11) the Minister's proposed substituted decision under subsection (2); and (b) the consultation is taken into account; and (c) it is in the interests of Queensland to overrule the native title issues decision; and (d) the Minister overrules the decision within 2 months after the native titles issues decision is made. "(2) If the Minister overrules the native title issues decision, the Minister must make a substituted decision. "(3) The substituted decision— (a) must comply with the requirements of section 640(1) and (3) for a native title issues decision; and (b) when made, takes the place of the native title issues decision. "(4) The substituted decision can not overrule a compensation decision or compensation trust decision, for the granting of the proposed mining lease, already made by the tribunal under part 18. BwWN s 54 185 s 54 Native Title (Queensland) State Provisions Amendment "(5) If the substituted decision is that the proposed mining lease may be granted with or without conditions, the Minister must refer the matter to the tribunal for— (a) if a compensation decision or compensation trust decision has already been made under part 18 for the granting of the proposed mining lease—a new compensation decision or compensation trust decision; or (b) otherwise—a compensation decision or compensation trust decision under part 18 for the granting of the proposed mining ease. "(6) The Minister must give a copy of the substituted decision to the tribunal and the consultation and negotiation parties. "(7) In this section— "in the interests of Queensland" includes— (a) for the social or economic benefit of Queensland (including of Aboriginal peoples and Torres Strait Islanders); and (b) in the interests of the relevant region or locality in Queensland. 'Effect of overruling "647.(1) This section applies if the Minister makes a substituted decision under section 646. '(2) If the substituted decision is that the proposed mining lease may be granted, but subject to conditions to be included in the mining lease, any recommendation of the Minister to the Governor in Council under section 271127 that the proposed mining lease be granted, must include a recommendation that the proposed mining lease be granted subject to the conditions. "(3) If the substituted decision is that the proposed mining lease should not be granted, the Minister must not recommend to the Governor in Council under section 271 that the proposed mining lease be granted. 127 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) SCH YANK WHE ee NR ee KR Ww eR num a nN 20 2224 26 28 s 54 186 s 54 Native Title (Queensland) State Provisions Amendment 'Subdivision 7—Miscellaneous matters about grant 'Contract conditions "648.(1) If the Governor in Council grants the proposed mining lease, a contract condition has effect, in addition to any effect that it may have other than under this subsection, as if it were included in the terms of a contract between the consultation and negotiation parties. "(2) If a consultation and negotiation party is a registered native title claimant, any individual included in the native title claim group concerned is a party to the contract. 'Notice of grant to registered native title parties "649.(1) If the Governor in Council grants the proposed mining lease, the holder of the mining lease must, within 28 days after the holder receives notice of the grant, give a written notice complying with subsection (2) to each registered native title party. Maximum penalty—100 penalty units. "(2) The written notice must— (a) advise the granting of the mining lease; and (b) state— (i) any contract conditions; and (11) the conditions of the mining lease. 'Division 4—Other mining leases not on alternative provision areas 'Subdivision 1—Preliminary "Application of div 4 "650.(1) This division applies to the granting of a proposed mining lease if— Cort ANAW Lp 1214 161820 25 s 54 187 s 54 Native Title (Queensland) State Provisions Amendment (a) the mining lease is other than a surface alluvium (gold or tin) mining lease; and (b) the granting of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. '(2) However, this division applies to the granting of the proposed mining lease— (a) only to the extent that the mining lease relates to a place that is on the landward side of the mean high-water mark of the sea; and (b) only to the extent that the land is non-exclusive land other than an alternative provision area. "(3) The requirements of this division are additional to the requirements of part 7. "(4) Despite subsections (1) to (3), this division also applies to the granting of the proposed mining lease to the extent that the land is non-exclusive land that is an alternative provision area, if the applicant elects under division 3 that the additional requirements stated in this division apply instead of the additional requirements stated in division 3. 'Definitions for div 4 '651. In this division— "applicant" means the applicant for the proposed mining lease. "closing day (native title issues)", for the proposed mining lease, see section 653(3). "combined hearing", for the proposed mining lease, see section 671. "consultation and negotiation parties", for the proposed mining lease, see section 658(1). BESO CAI DAWN FB WNL il oon wn Ree ns Ree na NNNRe NF OO 2427 30 s 54 188 s 54 Native Title (Queensland) State Provisions Amendment "contract conditions" see section 675(1). "land" means the land the subject of the proposed mining lease. "Minister's decision" see section 684. "native title issues decision" see section 669(1). "negotiated agreement", for the proposed mining lease, see section 659(1). "notification day (native title issues)", for the proposed mining lease, see section 653(2). "registered native title party" see section 655. "urgency notice" see section 683. 'Subdivision 2—Notification and registration requirements "Requirement to notify "652.(1) The applicant must give a written notice about the proposed mining lease to— (a) all native title notification parties for the land; and (b) the Native Title Registrar '(2) The applicant must also make sure that a public notice, containing the information contained in the written notice mentioned in subsection (1), is published in— (a) anewspaper circulating generally in the area of the land; and (b) arelevant special interest publication. "(3) The written notice must be given under subsection (1), and the public notice must be published under subsection (2)— (a) not earlier than 3 months before the application for the proposed mining lease is lodged; and (b) not later than— 'o ON nM RW NO 14 16 1821 23 25 s 54 189 s 54 Native Title (Queensland) State Provisions Amendment (i) the end of the period of 28 days after the certificate of application for the proposed mining lease is endorsed by the mining registrar under section 252(2) or reissued under section 253;128 or (11) if the mining registrar decides a longer period under section 252(7)—the end of the longer period; or (iii) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "(4) The written notice may be about more than | proposed mining lease. 'Content of written notice "653.(1) The written notice must state the following— (a) the following days for the proposed mining lease— (i) _ the notification day (native title issues); (11) the closing day (native title issues); (b) how a person may become a registered native title party; (c) that registered native title parties have a right— (1) to be consulted about the proposed mining lease;!29 and (11) to object to the granting of the proposed mining lease!30; and (11) to negotiate with a view to reaching agreement about the granting of the proposed mining lease;!31 (d) aclear description of the land, and its location; Section 252 (Certificate of application etc.), section 253 (Reissue of certificate of application) See sections 658 (Parties to consultation and negotiation) and 659 (Requirement for consultation and for negotiation in good faith) See section 668 (Objections) See section 659 (Requirement for consultation and negotiation in good faith) SeomIA DAN DRWNHY eS an 1315171922 s 54 190 s 54 Native Title (Queensland) State Provisions Amendment (e) (f) (g) (h) a description of the nature of the proposed mining lease; whether an election has been made to apply this division to an alternative provision area; that the proposed mining lease, if granted, will be granted by the Governor in Council; how further information about the proposed mining lease, and about the matters mentioned in paragraph (c), can be obtained from the applicant and from the mining registrar. '(2) The "notification day (native title issues)" must be a day that may reasonably be assumed to be a day by which— (a) (b) the written notice will have been received by each person to whom it is to be given, and the public notice will have come to the attention of each person to whom the public notice is directed. "(3) The "closing day (native title issues)" must be a day at least 3 months after the notification day (native title issues). 'Notification of mining registrar "654.(1) Within 2 days after the applicant has complied, or purportedly complied, with the requirements of sections 652 and 653, the applicant must give the mining registrar information in the approved form about the applicant's compliance with sections 652 and 653. "(2) The following must be attached to the approved form— (a) (b) (c) a copy of the written notice given under section 652 and 653(1); the page, or a copy of the page, of the newspaper mentioned in section 652(2)(a) that contained the public notice mentioned in section 652(2); the page, or a copy of the page, of the relevant special interest publication mentioned in section 652(2)(b) that contained the public notice mentioned in section 652(2). 1921 23 26 28 s 54 191 s 54 Native Title (Queensland) State Provisions Amendment '(3) The mining registrar must give the applicant a written direction to give a new written notice, and publish a new public notice, under sections 652 and 653 if the mining registrar is satisfied that 1 or more of the following applies— (a) the giving of the written notice was not in accordance with the requirements of section 652(1) and (3); (b) the content of the written notice was not in accordance with the requirements of section 653; (c) the publication of the public notice was not in accordance with the requirements of section 652(2) and (3). '(4) The written direction must nominate a period within which the direction must be complied with. "(5) The new written notice, when given, and the new public notice, when published, must— (a) state that it is a replacement notice; and (b) identify the previous notice. 'Registered native title parties "655.(1) An entity is a "registered native title party" depending on when the issue has to be considered. "(2) On the closing day (native title issues), and at any time before it, each of the following entities is a "registered native title party"— (a) aregistered native title body corporate in relation to the land; (b) aregistered native title claimant in relation to the land. "(3) At any time in the 1 month immediately following the closing day (native title issues), each of the following entities is a "registered native title party"— (a) aregistered native title body corporate in relation to the land, if the body corporate was a registered native title body corporate in relation to the land on or before the closing day (native title issues); CNY DWN FWNHE 12 14 16 19 21 23 26 2830 s 54 192 s 54 Native Title (Queensland) State Provisions Amendment (b) aregistered native title body corporate in relation to the land, if the (c) body corporate became a registered native title body corporate in relation to the land— (i) after the closing day (native title issues); and (i1) as a result of a native title determination application containing a claim that was entered on the register of native title claims as at the closing day (native title issues); an entity that filed a native title determination application in the Federal Court in relation to the land on or before the closing day (native title issues). "(4) At any time after the 1 month immediately following the closing day (native title issues), each of the following entities is a "registered native title party"— (a) (b) a registered native title body corporate in relation to the land, if the body corporate was a registered native title body corporate in relation to the land on or before the closing day (native title issues); a registered native title body corporate in relation to the land, if the body corporate became a registered native title body corporate in relation to the land as a result of a native title determination application containing a claim that was entered on the register of native title claims as at the closing day (native title issues); an entity that is a registered native title claimant in relation to the land, if the entity— (i) filed a native title determination application in the Federal Court on or before the closing day (native title issues); and (11) was a registered native title claimant in relation to the land as at 1 month after the closing day (native title issues). "(5) If a person (the "first person") becomes a registered native title claimant because the first person replaces another person as the applicant in relation to a claimant application, and the other person is a registered native title party, the first person also replaces the other person as the registered native title party. ao NAW BRB WHY e ow RP Re WNre Pee NYaAWNFA NNN ee Nr owWw Ww NN Rw NN Hun NYnwu on WBwWwwWwWwWn Whnor oo s 54 193 s 54 Native Title (Queensland) State Provisions Amendment "Advice to mining registrar "656.(1) As soon as practicable after the closing day (native title issues) for the proposed mining lease, the applicant must give the mining registrar a list, in the approved form, of the names and addresses of— (a) all registered native title parties as at the closing day (native title issues); and (b) all entities that may become registered native title parties. '(2) As soon as practicable after the end of 1 month after the closing day (native title issues) for the proposed mining lease, the applicant must give the mining registrar a list in the approved form of the names and addresses of all entities that have become registered native title parties in the month. "(3) Subsection (2) does not apply if at the closing day (native title issues), there were no entities that might have become registered native title parties. 'Ending of additional requirements "657. The additional requirements provided for under this division stop applying for the proposed mining lease if, after 1 month after the closing day (native title issues)— (a) there are no registered native title parties; or (b) all registered native title parties certify in the approved form lodged with the mining registrar that they do not object to the grant of the proposed mining lease and do not wish to be consulted about it. 'Subdivision 3—Consultation and negotiation 'Parties to consultation and negotiation "658.(1) The parties to the consultation and negotiation required under this subdivision about the granting of the proposed mining lease are the following (the "consultation and negotiation parties" for the proposed mining lease)— FOO mA A DWN FWN ee eli andilend RwWN 172123 2729 s 54 194 854 Native Title (Queensland) State Provisions Amendment (a) the applicant; (b) the registered native title parties; (c) the State. "(2) However, the State stops being a consultation and negotiation party for the proposed mining lease if the State and all the other consultation and negotiation parties for the proposed mining lease at any time agree, in the approved form lodged with the mining registrar, that the State is not to be a consultation and negotiation party. "(3) Also, if all the consultation and negotiation parties at any time agree, in the approved form lodged with the mining registrar, that the State is to take a particular role in the consultation and negotiation, stated in the lodged approved form, the State may adopt the stated role, even though it is no longer a consultation and negotiation party. "(4) A registered native title party is taken to stop being a consultation and negotiation party if the party lodges an approved form under section 657(b). "Requirement for consultation and negotiation in good faith "659.(1) The consultation and negotiation parties for the proposed mining lease must consult and negotiate in good faith with a view to obtaining the agreement of each of the registered native title parties (a "negotiated agreement") to— (a) the granting of the proposed mining lease; and (b) any conditions to be complied with by the consultation and negotiation parties if the proposed mining lease is granted. '(2) Also, as part of the consultation and negotiation— (a) the applicant— (i) must consult the registered native title parties about ways of minimising the impact of the grant of the proposed mining lease on their registered native title rights and interests in relation to the land, including about— (A) any access to the land; and 1820 23 25 2729 s 54 195 s 54 Native Title (Queensland) State Provisions Amendment (B) the way in which anything authorised by the proposed mining lease might be done; and (11) for the consultation, must have regard to the guidelines set out in this subdivision for applicant consultation; and (b) the registered native title parties— (i) must consult the other consultation and negotiation parties about the effect of the proposed mining lease on their registered native title rights and interests; and (11) for the consultation, must have regard to the guidelines set out in this subdivision for registered native title party consultation. 'Content of negotiation in good faith "660.(1) Subsections (3) to (5) apply for the requirement under this subdivision to negotiate in good faith. '(2) However, subject to those subsections, this subdivision does not limit the requirements that apply for negotiation in good faith. "(3) A consultation and negotiation party must make every reasonable effort to reach agreement. "(4) To negotiate in good faith, a consultation and negotiation party is not required to negotiate about issues unrelated or unconnected to the proposed mining lease. "(5) A consultation and negotiation party is not required to negotiate about matters unrelated to the impact of the grant of the proposed mining lease on the registered native title rights and interests of registered native title parties. 'Failure to negotiate "661. The failure of 1 consultation and negotiation party to negotiate in good faith can not be used to establish that another consultation and negotiation party has not negotiated in good faith. BEOoOD OID? HW PW NE ee 14 16 18 202325 28 s 54 196 s 54 Native Title (Queensland) State Provisions Amendment "Request for mediation "662.(1) At any time before a negotiated agreement is reached or the proposed mining lease is referred to the tribunal, by action taken under section 669, for a native title issues decision, a consultation and negotiation party may ask for mediation to help in resolving issues relevant to the consultation and negotiation. "(2) If a consultation and negotiation party asks for mediation under subsection (1), mediation— (a) must be conducted by— (i) a mediator chosen by the consultation and negotiation parties; or (11) if the consultation and negotiation parties are not able to agree on a mediator and the party asks the tribunal to provide the mediation—the tribunal, or a mediator chosen by the tribunal; and (b) does not extend the period that must elapse before the proposed mining lease may be referred to the tribunal, by action taken under section 669, for a native title issues decision; and (c) may continue after the period mentioned in paragraph (b) has elapsed if the consultation and negotiation parties agree; and (d) may end at any time— (i) _ by decision of the mediator; or (11) by agreement of the consultation and negotiation parties. 'Process for consultation and negotiation—applicant consultation "663.(1) This section states guidelines for applicant consultation under this subdivision. "(2) Within 4 months after the notification day (native title issues), the applicant should— RwWN = ee FBO © ON AN RP Re Ree nA WN RP Re ona Ne cow N NN N Ww NS 26 28 s 54 197 s 54 Native Title (Queensland) State Provisions Amendment (a) give each registered native title party a true copy of the application for the proposed mining lease (but not the statement detailing the applicant's financial and technical resources) and the endorsed certificate of application; and (b) convene at least 1 meeting ("consultation meeting") to provide a reasonable opportunity for all registered native title parties to be given a presentation about the proposed mining lease. "(3) A consultation meeting may be— (a) inthe town or city where the mining registrar is located; or (b) ina town or city in which there is an office of the representative Aboriginal/Torres Strait Islander body for the area that includes the land; or (c) at another place agreed between the consultation and negotiation parties. "(4) A consultation meeting should be convened at a time and place suitable for maximising attendance. "(5) If the applicant has convened a consultation meeting under subsection (2)(b), the meeting is taken to have happened even though not all, or none, of the registered native title parties attended the meeting. "(6) The presentation mentioned in subsection (2)(b) should be directed at providing registered native title parties with an understanding of the anticipated nature, extent and impact of the project authorised by the grant of the proposed mining lease. "Process for consultation and negotiation—registered native title parties consultation "664.(1) This section states the guidelines for registered native title party consultation under this subdivision. '(2) The consultation should be carried out as soon as practicable after the applicant consultation has been completed. CNDMN BwWHOHK 1114 16 182123 25 27 29 s 54 198 s 54 Native Title (Queensland) State Provisions Amendment "(3) Each registered native title party should advise the other consultation and negotiation parties about the impact the party considers the grant of the proposed mining lease will have on the party's registered native title rights and interests. 'Process for consultation and negotiation—taking account of existing rights, interests and use "665. Without limiting the scope of consultation and negotiation under this subdivision, the nature and extent of the following may be taken into account— (a) existing non-native title rights and interests in relation to the land; (b) existing use of the land by persons other than registered native title parties; (c) the practical effect of the exercise of any existing non-native title rights and interests mentioned in paragraph (a), and of the existing use mentioned in paragraph (b), on the exercise of native title rights and interests in relation to the land. 'Process for consultation and negotiation—negotiated agreement with or without conditions attached "666.(1) This section applies if a negotiated agreement is reached, whether or not the negotiated agreement includes conditions to be complied with by the consultation and negotiation parties for the proposed mining lease if the proposed mining lease is granted. '(2) The consultation and negotiation parties must— (a) lodge a certificate in the approved form with the mining registrar stating that a negotiated agreement has been reached for the proposed mining lease; and (b) give a copy of the certificate to the tribunal. "(3) When the approved form has been lodged under subsection (2), the additional requirements provided for under this division, other than section 667, stop applying to the proposed mining lease. BwWNe CMON DAW 1416 18 2022 26 29 s 54 199 s 54 Native Title (Queensland) State Provisions Amendment 'Process for consultation and negotiation—negotiated agreement with conditions attached "667.(1) This section applies if a negotiated agreement is reached, and the negotiated agreement includes conditions to be complied with by the consultation and negotiation parties for the proposed mining lease if the proposed mining lease is granted. '(2) The negotiated agreement has effect, if the proposed mining lease is granted, as if— (a) the conditions included in the agreement were the terms of a contract; and (b) all the consultation and negotiation parties were parties to the contract; and (c) if a registered native title party is a registered native title claimant—any individual included in the native title claim group concerned were a party to the contract. "(3) Subsection (2) has effect in addition to any other effect that the negotiated agreement may have apart from under subsection (2). 'Objections "668.(1) At any time before a negotiated agreement is reached or the proposed mining lease is referred to the tribunal, by action taken under section 669, for a native title issues decision, a registered native title party may lodge an objection to the proposed mining lease. "(2) The objection— (a) must be made in writing in the approved form; and (b) must be lodged with the mining registrar; and (c) must state the facts and circumstances relied on by the registered native title party in support of the ground of objection. "(3) Anything about the amount or payment of compensation is not a ground for objection. CNY DWN W Ne 12 1417 2022 2427 29 s 54 200 s 54 Native Title (Queensland) State Provisions Amendment '(4) The registered native title party must also give a copy of the objection, and all material accompanying the objection, to the other consultation and negotiation parties and the tribunal as soon as practicable after the objection is lodged with the mining registrar. "(5) At any time before a negotiated agreement is reached or the proposed mining lease is referred to the tribunal, by action taken under section 669, for a native title issues decision, the registered native title party may withdraw the objection by lodging with the mining registrar a written notice withdrawing the objection. "(6) The registered native title party must also give a copy of the written notice withdrawing the objection to the other consultation and negotiation parties and the tribunal as soon as practicable after the withdrawal of the objection is lodged with the mining registrar. '(7) The registered native title party must withdraw the objection under this section if at any time a negotiated agreement is reached. "(8) The registered native title party may object about the effect of the grant of the proposed mining lease on its registered native title rights and interests under this section only, and may not object under section 260132 about the effect of the grant of the proposed mining lease on its registered native title rights and interests. "(9) If at any time a person who has lodged an objection under this section stops being a registered native title party, the objection is taken to have been withdrawn. "(10) However, an objection continues to have effect as an objection if the person who lodged the objection stops being a registered native title party because— (a) the person is replaced by another person (the "replacing person") under section 66B133 of the Commonwealth Native Title Act; or 132 Section 260 (Objection to application for grant of mining lease) 133 Section 66B (Replacing the applicant) of the Commonwealth Native Title Act eCNnNDN BPWNE \o eee WryNr © Ree ns Nee SOMNID N N ayes N Nv Nn N NX N \o s 54 201 s 54 Native Title (Queensland) State Provisions Amendment (b) an approved determination of native title that native title exists is made, and immediately before the determination is made, the person is a registered native title claimant. "(11) If an objection continues to have effect as an objection because of subsection (10)(a), the objection it taken to have been lodged by the replacing person. "(12) If an objection continues to have effect as an objection because of subsection (10)(b), the objection it taken to have been lodged by the relevant registered native title body corporate. "(13) An objection lodged under this section, if it is not withdrawn, must be given to the tribunal and must be heard by the tribunal in a combined hearing under subdivision 4. "(14) However, the tribunal must not hear an objection if the objection has not been made in substantial compliance with this section. 'Subdivision 4—Referral and native title issues decision 'Referral of proposed mining lease to tribunal "669.(1) If the pre-referral period has ended, but a negotiated agreement has not been reached, a consultation and negotiation party for the proposed mining lease may refer the proposed mining lease to the tribunal for a decision under this division (a "native title issues decision"). "(2) The referral must be— (a) lodged with the mining registrar; and (b) made in the approved form. "(3) A copy of the approved form lodged with the mining registrar must also be given to the other consultation and negotiation parties for the proposed mining lease. "(4) If there has been no referral within 3 months after the end of the pre- referral period, the Minister may reject the application for the proposed mining lease. aon HDnwmnsFt WwW NR \o eee NRO eile' Rw 1820 2226 28 s 54 202 s 54 Native Title (Queensland) State Provisions Amendment "(5) If the pre-referral period has ended, and a registered native title party who lodged an objection under section 668 has not withdrawn the objection, the proposed mining lease is taken to have been referred to the tribunal under subsection (1). "(6) In this section— "pre-referral period" means— (a) if an environmental impact statement is not required to be completed under part 7 for the proposed mining lease— (i) _ the period of 6 months starting on the notification day (native title issues); or (11) ifthe registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under subparagraph (i), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time; or (b) otherwise—the period which, out of the following periods, ends latest— (i) the period of 3 months starting on the day the mining registrar displays the notice about the environmental impact statement at the mining registrar's office under section 264(3);134 (11) ifthe registered native title parties for the non-exclusive land and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time; (iii) the period of 6 months starting on the notification day (native title issues). 134 Section 264 (What happens after environmental impact statement is prepared?) CAI HD nA BwWwWNKE 121417 1921 232528 s 54 203 s 54 Native Title (Queensland) State Provisions Amendment 'Continuing negotiation and mediation "670.(1) After the referral of the proposed mining lease to the tribunal, the consultation and negotiation parties for the proposed mining lease may continue to negotiate to reach a negotiated agreement before the native title issues decision is made. '(2) If a negotiated agreement is reached, all referrals of the proposed mining lease to the tribunal are taken to be withdrawn, and the tribunal must not make a native title issues decision. 'Combined hearing "671.(1) The hearing under part 7 of the application for the grant of the proposed mining lease must include the following— (a) the hearing of the objections and other matters mentioned in section 268(1);135 (b) the hearing for a native title issues decision, including the hearing of any objections lodged under section 668. '(2) The hearing mentioned in subsection (1) is a "combined hearing". "(3) The tribunal must not act under section 270136 to dispense with a hearing, unless a negotiated agreement has been reached. "(4) All consultation and negotiation parties have the right to be heard at the combined hearing. 'Fixing of date for combined hearing "672.(1) This section applies if the mining registrar is required to fix under section 265137 a hearing date for the combined hearing, but there has not yet been a referral (other than a referral that has been withdrawn) of the mining lease for a native title issues decision. 135 Section 268 (Hearing of application for grant of mining lease) 136 Section 270 (Procedure where no objections lodged) 137 Section 265 (Mining registrar to fix hearing date) CID NAKRWN 11 13 15 18 20 2325 s 54 204 854 Native Title (Queensland) State Provisions Amendment '(2) The mining registrar may, if the applicant agrees, fix a hearing date for the application for the proposed mining lease, and any objections to the application, under section 265 as if the hearing were not a combined hearing. "(3) At the hearing, the tribunal may— (a) proceed with the hearing of the application for the proposed mining lease, and any objections to the application, as if the hearing were not a combined hearing; and (b) at an appropriate time adjourn the hearing; and "(4) However, as soon as practicable after a negotiated agreement is reached or the proposed mining lease is referred to the tribunal for a native title issues decision, the tribunal must reconvene the combined hearing. "(5) The mining registrar may defer fixing a date for the combined hearing until the proposed mining lease is referred to the tribunal for a native title issues decision. "(6) If the proposed mining lease has been referred to the tribunal for a native title issues decision, but the mining registrar is not yet required under section 265 to fix a hearing date for the combined hearing, the mining registrar must fix a date for the combined hearing when the mining registrar is able to fix a date under section 265. 'Subdivision 5—Requirements for combined hearing 'Directions about conduct of combined hearing "673. At any time after the referral of the proposed mining lease for a native title issues decision, the tribunal may give directions to the consultation and negotiation parties, including directions about the filing and serving of the following— (a) a statement by the applicant that includes a copy of the material provided to the registered native title parties under subdivision 3; CAD A HPWNK 1114171924 26 28 s 54 205 s 54 Native Title (Queensland) State Provisions Amendment (b) astatement of impact by each registered native title party, setting out the effect the party considers the grant of the proposed mining lease will have on the party's registered native title rights and interests; (c) submissions by any of the consultation and negotiation parties on the matters the tribunal will be required to take into account for making its native title issues decision. 'Issue of negotiation in good faith "674.(1) If a consultation and negotiation party raises the issue of whether another consultation and negotiation party has complied with subdivision 3, including with the requirement for negotiation in good faith, the issue must be dealt with as a part of the combined hearing for the application for the grant of the proposed mining lease. '(2) If at the combined hearing the tribunal is not satisfied that the applicant or the State has complied with subdivision 3, including with the requirement for negotiation in good faith, it may adjourn the combined hearing to allow for the subdivision to be complied with by all the consultation and negotiation parties. "(3) An adjournment under subsection (2) may only be for a maximum period of 3 months. "(4) If the tribunal is satisfied that a registered native title party did not comply with subdivision 3, including with the requirement for negotiation in good faith, the tribunal may not adjourn the combined hearing on that ground alone. "(5) However, the tribunal may take the failure of a consultation and negotiation party to comply with subdivision 3 into account in making its native title issues decision. "(6) A consultation and negotiation party can not raise the issue of the State's compliance with subdivision 3, including the requirement for negotiation in good faith, on the ground that the State stopped being a consultation and negotiation party under section 658(2) or took a particular role under section 658(3). NYDN FPwWNH 1113 151720 2224 262931 s 54 206 s 54 Native Title (Queensland) State Provisions Amendment 'Nature of native title issues decision "675.(1) The native title issues decision must be 1 of the following— (a) that the proposed mining lease may be granted; (b) that the proposed mining lease may be granted, but subject to either or both of the following— (i) that conditions, described or identified in the native title issues decision, are to be included in the mining lease; (ii) that conditions ("contract conditions"), described or identified in the native title issues decision, are required to be complied with by 1 or more of the consultation and negotiation parties (even though the conditions are not included in the mining lease); (c) that the proposed mining lease should not be granted. "(2) If, at the end of the combined hearing, the consultation and negotiation parties have not reached an agreement about compensation, the tribunal, whether or not an application has been made to the tribunal about compensation, must also make any compensation decision or compensation trust decision that is required to be made under part 18 before the mining lease is granted. "(3) The tribunal must not include a condition, whether or not a contract condition, that has the effect that a registered native title party is entitled to payments from the applicant worked out by reference to | or more of the following— (a) the amount of profits to be made under the proposed mining lease; (b) the amount of any income to be derived under the proposed mining lease; (c) anything to be produced under the proposed mining lease. s 54 207 s 54 Native Title (Queensland) State Provisions Amendment 'Timing of tribunal's recommendation and native title issues decision '676. The tribunal must advise the Minister of its native title issues decision when the tribunal forwards its recommendation to the Minister under section 269(1).138 'Tribunal's native title issues decision "677.(1) In making its native title issues decision, the tribunal must take into account the following— (a) the effect of the grant of the proposed mining lease on— (i) the enjoyment by the registered native title parties of their registered native title rights and interests; and (11) the way of life, culture and traditions of any of the registered native title parties; and (111) the development of social, cultural and economic structures of any of the registered native title parties; and (iv) the freedom of access by any of the registered native title parties to the land; and (v) the freedom of any of the registered native title parties to carry out rites, ceremonies or other activities of cultural significance on the land in accordance with their traditions; and (vi) any area or site on the land of particular significance to the registered native title parties in accordance with their traditions; (b) the interests, proposals, opinions or wishes of the registered native title parties in relation to the management, use or control of land in relation to which there are registered native title rights and interests of the registered native title parties that will be affected by the grant of the proposed mining lease; 138 Section 269 (Tribunal's recommendation on hearing) RwWN ao ntniwn 12 14 16 1820 222527 s 54 208 s 54 Native Title (Queensland) State Provisions Amendment (c) the economic or other significance of the grant of the proposed mining lease to Australia, Queensland, the area in which the land is located and Aboriginal peoples and Torres Strait Islanders who live in the area; (d) any public interest in the granting of the proposed mining lease; (e) any other matter the tribunal considers relevant. "(2) In deciding the effect of the grant of the proposed mining on the matters mentioned in subsection (1)(a), the tribunal must also take into account the nature and extent of— (a) existing non-native title rights and interests in relation to the land; and (b) existing use of the land or waters by persons other than registered native title parties. "(3) In complying with subsections (1) and (2) the tribunal must take into account all objections lodged under this division to the granting of the proposed mining lease, and any other documents lodged or filed under this division. "(4) Taking into account the effect of the grant of the proposed mining lease on an area or site mentioned in subsection (1)(a)(v) does not affect the operation of any law of the State for the preservation or protection of those areas or sites. "(5) Before making the native title issues decision— (a) the tribunal must establish whether there are any issues relevant to its decision on which the consultation and negotiation parties are currently in agreement; and (b) if there are agreed issues under paragraph (a), and all the consultation and negotiation parties consent—the tribunal, in making its native title issues decision— (i) must take the agreed issues into account; and (11) need not take into account the matters mentioned in subsection (1)(a) to (e) to the extent the matters are the subject of the agreed issues. FH CO OMAN DA UW BwNwoe ee ee wn RP Ree NANA Nporere Foo Cw N N NNN n BW NN bp ona N \o Ww Ww NR oO s 54 209 s 54 Native Title (Queensland) State Provisions Amendment 'Deferred matters "678.(1) As well as making the native title issues decision, the tribunal may make a decision about matters (the "deferred matters") that— (a) were the subject of negotiation between the consultation and negotiation parties; and (b) under an agreement that includes all the consultation and negotiation parties, are to be the subject of further negotiation, or are to be decided in a way stated in the decision under this section; and (c) are not reasonably capable of being decided when the native title issues decision is made; and (d) are not directly relevant to the native title issues decision. "(2) The tribunal must give a copy of its decision under this section to— (a) the consultation and negotiation parties; and (b) ifthe State is not a consultation and negotiation party—the mining registrar. "(3) The tribunal's decision under this section about the deferred matters is binding on all the consultation and negotiation parties. "(4) If the decision under this section is that the deferred matters are to be decided by arbitration, and, after the decision is made, the consultation and negotiation parties can not agree on the way the arbitration is to take place, the tribunal, on the application of a consultation and negotiation party, has jurisdiction to decide the deferred matters. "General time requirement for making native title issues decision "679.(1) The tribunal must take all reasonable steps to make sure that the native title issues decision is made within 6 months after the proposed mining lease is referred to the tribunal for the decision. "(2) If the native title issues decision is not made within the 6 months, the tribunal must, as soon as practicable after the 6 months ends, give a written notice to the Minister— Se oe Be Bee BwWwN FO CMNIDA WAR WH eR num ile' on NwpoNd vp wWNrR ow 2629 s 54 210 s 54 Native Title (Queensland) State Provisions Amendment (a) advising why the native title issues decision has not yet been made; and (b) giving an estimate of when the decision is likely to be made. 'Effect of native title issues decision "680.(1) The native title issues decision must be complied with by the Minister, including in any recommendation of the Minister to the Governor in Council under section 271,!39 unless the Minister overrules the native title issues decision under subdivision 7. "(2) If the native title issues decision is that the proposed mining lease should not be granted, the tribunal may nevertheless recommend under section 269140 that the application for the proposed mining lease should be granted. "(3) However if subsection (2) applies, the Minister must not recommend to the Governor in Council under section 271 that the proposed mining lease be granted unless the Minister overrules the native title issues decision under section 681. 'Subdivision 6—Overruling of native title issues decision "Minister may overrule native title issues decision "681.(1) The Minister may overrule the native title issues decision, but only if— (a) it is in the interests of Queensland or in the national interest to overrule the native title issues decision; and (b) the Minister overrules the decision within 2 months after the native titles issues decision is made. 139 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) 140 Section 269 (Tribunal's recommendation on hearing) Ne w COND Lf 111416 20 22 24 s 54 211 s 54 Native Title (Queensland) State Provisions Amendment "(2) If the Minister overrules the native title issues decision, the Minister must make a substituted decision. "(3) The substituted decision— (a) must comply with the requirements of section 675(1) and (3) for a native title issues decision; and (b) when made, takes the place of the native title issues decision. "(4) The substituted decision can not overrule a compensation decision or compensation trust decision, for the granting of the proposed mining lease, already made by the tribunal under part 18. "(5) If the substituted decision is that the proposed mining lease may be granted with or without conditions, the Minister must refer the matter to the tribunal for— (a) if a compensation decision or compensation trust decision has already been made under part 18 for the granting of the proposed mining lease—a new compensation decision or compensation trust decision; or (b) otherwise—a compensation decision or compensation trust decision under part 18 for the granting of the proposed mining lease. "(6) The Minister must give a copy of the substituted decision to the tribunal and the consultation and negotiation parties. 'Effect of overruling "682.(1) This section applies if the Minister makes a substituted decision under section 681. ond DA Ak WwW NE \o eee NRO Pere DAwnt WwW Ree Re 'oon NN re Oo 24 s 54 212 s 54 Native Title (Queensland) State Provisions Amendment '(2) If the substituted decision is that the proposed mining lease may be granted, but subject to conditions to be included in the mining lease, any recommendation of the Minister to the Governor in Council under section 271141 that the proposed mining lease be granted, must include a recommendation that the proposed mining lease be granted subject to the conditions. "(3) If the substituted decision is that the proposed mining lease should not be granted, the Minister must not recommend to the Governor in Council under section 271 that the proposed mining lease be granted. 'Subdivision 7—Special provisions about completion of combined hearing and making of native titles issues decision 'Giving of urgency notice "683.(1) This section applies if the tribunal's native titles issues decision has not been made, and a negotiated agreement has not been reached, 4 months after the proposed mining lease was referred to the tribunal for a native title issues decision, other than under a referral that was later withdrawn. "(2) The Minister may give the tribunal a written notice (an "urgency notice") asking the tribunal to complete its combined hearing and make its native title issues decision within the period stated in the written notice. "(3) The period stated under subsection (2) must be a period ending after the end of the period of 6 months after the proposed mining lease was referred to the tribunal for a native title issues decision. 'Minister's decision if tribunal recommendation delayed "684.(1) This section applies if— (a) the Minister has given the tribunal an urgency notice under section 683 in relation to the proposed mining lease; and 141 Section 271 (Minister to consider recommendation made in respect of application for grant of mining lease) oon DNnhwWNH 1416192227 s 54 213 s 54 Native Title (Queensland) State Provisions Amendment (b) the period stated in the urgency notice for the tribunal to complete its combined hearing and make its native title issues decision has ended; and (c) the tribunal has not made its native title issues decision; and (d) the consultation required under this subdivision (including under this section) for the making of a decision by the Minister has happened. "(2) The Minister may make a decision (the "Minister's decision") under this section about the native title issues decision. "(3) The Minister may make a decision under this section that has the effect of a native title issues decision that the proposed mining lease may be granted, with or without conditions and whether or not contract conditions, only if the Minister has first consulted with the Commonwealth Minister about the making of the decision. "(4) The Minister may make a decision under this section only if— (a) the making of the native title issues decision is unlikely to happen within a period that is reasonable, taking into account all the circumstances; and (b) itis in the interests of Queensland to make the decision at the time it is made. "(5) Subsection (4)(a) and (b) does not stop the Minister from taking into account other matters in deciding whether to make a decision under this section. 'Consultation before Minister's decision "685.(1) Before making the Minister's decision, the Minister must give a written notice under subsections (2) and (3). '(2) The Minister must give written notice to the tribunal requiring it, by the end of the day stated in the notice, to give the Minister and each consultation and negotiation party a summary of the material presented to the tribunal in the course of the tribunal considering what the native title issues decision should be. CHO ADWN FB WHPHH Pee Ree BRwWNr OO Nn eRe i ony NR Ne) NNN WNe 26 2830 s 54 214 s 54 Native Title (Queensland) State Provisions Amendment "(3) The Minister must give a written notice to each consultation and negotiation party stating the following— (a) that the Minister is considering making the decision; (b) that each consultation and negotiation party— (i) (ii) (iii) may, by the end of the day stated in the written notice, give the Minister any submission or other material that the consultation and negotiation party wants the Minister to take into account in deciding whether to make the decision and, if so, its terms; and if the consultation and negotiation party gives the Minister a submission or other material, must also give each of the other consultation and negotiation parties a copy of the submission or other material; and may, within 7 days after the day stated in the written notice, in response to any submission or other material given by any other consultation and negotiation party or the tribunal, give the Minister any further submission or other material that the consultation and negotiation party wants the Minister to take into account. "(4) The day stated in the written notices given under subsections (2) and (3) must be— (a) the same day in all of the written notices given under the subsections; and (b) a day by which, in the Minister's opinion, it is reasonable to assume that all of the written notices given will have been received by, or will otherwise have come to the attention of, the persons who must be notified under this section. "(5) If the Minister complies with subsection (1), there is no requirement for any person to be given any further hearing before the Minister makes the decision. "(6) In making the decision, the Minister— (a) must take into account— CeANDUN FBP W NK \o eee uw WwNrFR oO Ree Re eee COCMONDUNA NN re Oo N aS) N NO wpohd NaW WNN Cow ow Ww WwW NO s 54 215 s 54 Native Title (Queensland) State Provisions Amendment (i) any submission or material provided by a consultation and negotiation party under subsection (3), but only if the consultation and negotiation party has complied with the Minister's written notice in the way mentioned in subsection (3)(b)(ii); and (11) any report provided by the tribunal; and (111) the Minister's consultation with the Commonwealth Minister under this subdivision; and (iv) any issues about which the consultation and negotiation parties have agreed in writing and advised to the Minister; and (b) may, but need not, take into account any other matter or thing. "(7) The fact that no submission or other material of the kind mentioned in subsection (3) has been given to the Minister before the end of the day stated in the written notices does not stop the Minister from making the decision. 'Minister's decisions generally "686.(1) The Minister's decision has effect as a native title issues decision. '(2) The Minister's decision must, as for a native title issues decision for section 675, be | of the following— (a) that the proposed mining lease may be granted; (b) that the proposed mining lease may be granted, but subject to either or both of the following— (i) that conditions, described or identified in the Minister's decision, are to be included in the mining lease; (11) contract conditions; (c) that the proposed mining lease should not be granted. "3) If the M*£nister's decision is a decision mentioned in subsection (2)(a) or (b), the Minister must refer the matter to the tribunal for a compensation decision or compensation trust decision under part 18. BRWNe Be ew Nb EF ow OQ DAY ar nn pW 19 21 24 26 28 30 s 54 216 s 54 Native Title (Queensland) State Provisions Amendment '(4) The Minister does not have a duty to make a Minister's decision, despite the following— (a) the giving of any notice by the Minister; (b) the giving of any submission or other material to the Minister; (c) any request by a consultation and negotiation party for the Minister to make the decision; (d) any other circumstance. "(5) The Minister's decision must be made by the Minister personally. "(6) The Minister must table in the Legislative Assembly a report containing the Minister's decision, and the reasons for the decision, within 15 sitting days after making the decision. 'Subdivision 8—Miscellaneous matters about grant 'Contract conditions "687.(1) If the Governor in Council grants the proposed mining lease, a contract condition has effect, in addition to any effect that it may have other than under this subsection, as if it were included in the terms of a contract between the consultation and negotiation parties. "(2) If a consultation and negotiation party is a registered native title claimant, any individual included in the native title claim group concerned is a party to the contract. 'Notice of grant to registered native title parties "688.(1) If the Governor in Council grants the proposed mining lease, the holder of the mining lease must, within 28 days after the holder receives notice of the grant, give a written notice complying with subsection (2) to each registered native title party. Maximum penalty—100 penalty units. "(2) The written notice must— (a) advise the granting of the mining lease; and Foo mH ANY DWN F&F W NK ee a N 1517 192325 27 s 54 217 s 54 Native Title (Queensland) State Provisions Amendment (b) state— (i) any contract conditions; and (11) the conditions of the mining lease. 'Division 5—Renewals of mining leases "Application of div 5 "689.(1) This division applies to the renewal of a mining lease if— (a) the mining lease is a surface alluvium (gold or tin) mining lease; and (b) the renewal of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (ii) that is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the renewal of a mining lease mentioned in subsection (1) only to the extent that the land the subject of the mining lease is non-exclusive land, whether or not an alternative provision area. "(3) This division also applies to the renewal of a mining lease if— (a) the mining lease is other than a surface alluvium (gold or tin) mining lease; and (b) the renewal of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and Oo OY DWN 141719 22 24 26 s 54 218 s 54 Native Title (Queensland) State Provisions Amendment (c) a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(4) However, this division applies to the renewal of a mining lease mentioned in subsection (3) only to the extent that the land the subject of the mining lease is non-exclusive land that is an alternative provision area. "(5) This division also applies to the renewal of a mining lease if— (a) the mining lease is other than a surface alluvium (gold or tin) mining lease; and (b) the renewal of the mining lease is an act— (i) _ that affects native title rights and interests; and (11) to which the right to negotiate provisions would have otherwise applied; and (c) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the renewal of a mining lease mentioned in subsection (5) only to the extent that the land the subject of the mining lease is non-exclusive land other than an alternative provision area. "(7) This division applies to the renewal of a mining lease mentioned in subsection (1), (3) or (5) only to the extent that the mining lease relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 7. "(9) In this section— "renewal", of a mining lease, includes— (a) the re-grant of the mining lease; and (b) the re-making of the mining lease; and (c) the extension of the term of the mining lease. Co YN AWK WNE eS eK Oo ion' wn eRe DAuns eee oon NO wpohN NH oO 24 2628 s 54 219 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for renewal—applying div 2 "690.(1) If this division applies to the renewal of a mining lease because of section 689(1), the additional requirements applying under division 2142 for the granting of a surface alluvium (gold or tin) mining lease also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 2 for renewal "691.(1) This section— (a) applies for applying the provisions of division 2; and (b) does not limit section 690. "(2) For applying section 599(2), the following period is substituted for the periods mentioned in section 599(2)(b)(1) and (11), that is the end of the period of 7 days after lodgement of the application for the renewal. "(3) Section 609(1) and (4) does not apply, but— (a) the mining registrar must within 14 days after the consultation period ends, fix a day for the tribunal to hear the application for the renewal; and (b) the tribunal must hear the application for the renewal as if the application for renewal were the application for a grant of a mining lease heard under section 268;!43 and (c) the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 286(3).!44 "(4) For applying section 610, the tribunal must also take into account information received from the Minister under subsection (3)(c). 142 Division 2 (Surface alluvium (gold or tin) mining leases) 143 Section 268 (Hearing of application for grant of mining lease) 144 Section 286 (Renewal of mining lease) Hn nKWN 12161922 24 s 54 220 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for renewal—applying div 3 "692.(1) If this division applies to the renewal of a mining lease because of section 689(3), the additional requirements applying under division 3145 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease on an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 3 for renewal "693.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 692. "(2) For applying section 616(3), the following period is substituted for the periods mentioned in section 616(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the renewal. "(3) Section 623(1) and (3) does not apply, but the consultation and negotiation period for the proposed renewal starts on the day immediately after the closing day (native title issues) for the proposed renewal. "(4) For applying division 3, subdivisions 4 and 5,146 if the proposed renewal is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 633.147 "(5) Sections 636 and 637 do not apply, but— (a) the mining registrar must within 14 days after the consultation and negotiation period ends, fix a day for the tribunal to hear the application for the renewal; and 145 Division 3 (Other mining leases on alternative provision areas) 146 Division 3 (Other mining leases on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 147 Section 633 (Objection during consultation and negotiation period) Hn nKWN 1215182024 s 54 221 s 54 Native Title (Queensland) State Provisions Amendment (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the renewal and make a native title issues decision; and (d) before making its native title issues decision, the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 286(3). "(6) Section 641 does not apply, but the tribunal must advise the Minister of its native title issues decision. "(7) For applying section 642, the tribunal must also take into account information received from the Minister under subsection (5)(d). "Requirements for renewal—applying div 4 "694.(1) If this division applies to the renewal of a mining lease because of section 689(5), the additional requirements applying under division 4 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease on non-exclusive land other than an alternative provision area also apply for the renewal. "(2) The requirements apply with necessary changes. "Applying div 4 for renewal "695.(1) This section— (a) applies for applying the provisions of division 4; and (b) does not limit section 694. "(2) For applying section 652(3), the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the renewal. "(3) For applying section 669, the pre-referral period is— (a) the period of 6 months starting on the notification day (native title issues); or Bo COM NINDN BW NE ee 14162022 2428 s 54 222 s 54 Native Title (Queensland) State Provisions Amendment (b) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time. "(4) For applying division 4, subdivisions 4 and 5,148 if the proposed renewal is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 668.149 "(5) Sections 671 and 672 do not apply, but— (a) the mining registrar must within 14 days after the pre-referral period ends, fix a day for the tribunal to hear the application for the renewal; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the renewal and make a native title issues decision; and (d) before making its native title issues decision, the tribunal must ask the Minister about the extent to which the Minister is satisfied about the matters stated in section 286(3).150 "(6) Section 676 does not apply, but the tribunal must advise the Minister of its native title issues decision. 148 Division 4 (Other mining leases not on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 149 Section 668 (Objections) 150 Section 286 (Renewal of mining lease) SCOMANYDHA NARWPH eS an eli andilend RwWN eR num ile' on Nwpore EH So NN wh s 54 223 s 54 Native Title (Queensland) State Provisions Amendment "(7) For applying section 677, the tribunal must also take into account information received from the Minister under subsection (4)(d). "(8) Division 4, subdivision 715! does not apply. 'Division 6—Requirements for subsidiary approvals "Meaning of "approval" in div 6 "696. In this division— "approval" means— (a) (b) (c) the approval, under section 237,152 to conduct drilling and other activities on land not included in the surface area covered under a mining lease; or the grant, on an application under section 275,153 of an additional area of surface of land to be included in a mining lease; or the approval, under section 298,154 for the holder of a mining lease to mine specified minerals, or for the addition of another purpose to a mining lease. "Application of div 6 "697.(1) This division applies to an approval if— (a) were the mining lease to which the approval relates to be granted again, the granting of the mining lease would be an act affecting native title rights and interests if the mining lease were to provide only for the mining of the specified minerals mentioned in section 696, definition "approval", paragraph (c); and 151 Division 4 (Other mining leases not on alternative provision areas), subdivision 7 (Special provisions about completion of combined hearing and making of native titles issues decision) 152 Section 237 (Drilling and other activities on land not included in surface area) 153 Section 275 (Application for inclusion of surface of land in mining lease) 154 Section 298 (Mining other minerals or use for other purposes) 17 1921 s 54 224 s 54 Native Title (Queensland) State Provisions Amendment (b) (c) (d) the approval is an act to which the right to negotiate provisions would have otherwise applied; and after the approval takes effect, the mining lease will be a surface alluvium (gold or tin) mining lease; and the approval is an approved gold or tin mining act under a determination in force under section 26B(1) of the Commonwealth Native Title Act. '(2) However, this division applies to the approval mentioned in subsection (1) only to the extent that the approval relates to non-exclusive land, whether or not an alternative provision area. "(3) This division also applies to the an approval if— (a) (b) (c) (d) were the mining lease to which the approval relates to be granted again, the granting of the mining lease would be an act affecting native title rights and interests if the mining lease were to provide only for— (i) the drilling and other activities mentioned in section 696, definition "approval", paragraph (a); or (ii) the additional area of surface mentioned in section 696, definition "approval", paragraph (b); or (11) the mining of the specified minerals, or the added purpose, mentioned in section 696, definition "approval", paragraph (c); and the approval is an act to which the right to negotiate provisions would have otherwise applied; and the approval relates to an alternative provision area; and a determination is in force under section 43A(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(4) However, this division applies to the approval mentioned in subsection (3) only to the extent that the approval relates to an alternative provision area. CSC OmNDN KRW Ne eS an RP Re Ree nA WN Ree na ee \o NNN NRO NN Rw N Nn NNW ona wWwhy KH Soo s 54 225 s 54 Native Title (Queensland) State Provisions Amendment "(5) This division also applies to an approval if— (a) were the mining lease to which the approval relates to be granted again, the granting of the mining lease would be an act affecting native title rights and interests if the mining lease were to provide only for— (i) the drilling and other activities mentioned in section 696, definition "approval", paragraph (a); or (ii) the additional area of surface mentioned in section 696, definition "approval", paragraph (b); or (11) the mining of the specified minerals, or the added purpose, mentioned in section 696, definition "approval", paragraph (c); and (b) the approval is an act to which the right to negotiate provisions would have otherwise applied; and (c) the approval relates to non-exclusive land other than an alternative provision area; and (d) a determination is in force under section 43(1) of the Commonwealth Native Title Act and this division is included in the alternative provisions the subject of the determination. "(6) However, this division applies to the approval mentioned in subsection (5) only to the extent that the approval relates to non-exclusive land other than an alternative provision area. "(7) This division applies to an approval mentioned in subsection (1), (3) or (5) only to the extent that the approval relates to a place that is on the landward side of the mean high-water mark of the sea. "(8) The requirements of this division are additional to the requirements of part 7. s 54 226 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for approval (additional area)—applying div 3 "698.(1) If this division applies to an approval because of section 697(3), and the approval is the grant of an additional area of surface of land to be included in a mining lease, the additional requirements applying under division 3155 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease on an alternative provision area also apply for the approval. "(2) The requirements apply with necessary changes. "Requirements for approval (additional area)—applying div 4 "699.(1) If this division applies to an approval because of section 697(5), and the approval is the grant of an additional area of surface of land to be included in a mining lease, the additional requirements applying under division 4156 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease not on an alternative provision area also apply for the approval. "(2) The requirements apply with necessary changes. "Requirements for approval (other changes)—applying div 2 "700.(1) If this division applies to an approval because of section 697(1), the additional requirements applying under division 2157 for the granting of a surface alluvium (gold or tin) mining lease also apply for the approval. "(2) The requirements apply with necessary changes. "Applying div 2 for approval "701.(1) This section— (a) applies for applying the provisions of division 2; and 155 Division 3 (Other mining leases on alternative provision areas) 156 Division 4 (Other mining leases not on alternative provision areas) 157 Division 2 (Surface alluvium (gold or tin) mining leases) foe} AaAWUNBwWN 111315 1923 s 54 227 s 54 Native Title (Queensland) State Provisions Amendment (b) does not limit section 700. "(2) For applying section 599(2), the following period is substituted for the periods mentioned in section 599(2)(b)(1) and (11), that is the end of the period of 7 days after lodgement of the application for the approval. "(3) Section 609(1) and (4) does not apply, but— (a) the mining registrar must within 14 days after the consultation period ends, fix a day for the tribunal to hear the application for the approval; and (b) the tribunal must hear the application for the approval as if the application for the approval were the application for a grant of a mining lease heard under section 268.158 "Requirements for approval (other changes)—applying div 3 "702.(1) If this division applies to an approval because of section 697(3), and the approval is other than the grant of an additional area of surface land, the additional requirements applying under division 3 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease on an alternative provision area also apply for the approval. "(2) The requirements apply with necessary changes. "Applying div 3 for approval "703.(1) This section— (a) applies for applying the provisions of division 3; and (b) does not limit section 702. "(2) For applying section 616(3), the following period is substituted for the periods mentioned in section 616(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the approval. "(3) Section 623(1) and (3) does not apply, but the consultation and negotiation period for the proposed approval starts on the day immediately after the closing day (native title issues) for the proposed approval. 158 Section 268 (Hearing of application for grant of mining lease) BRwWN FBP Sow OIA Ww ee 14162022 2427 s 54 228 s 54 Native Title (Queensland) State Provisions Amendment "(4) For applying division 3, subdivisions 4 and 5,159 if the proposed approval is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 633.160 "(5) Sections 636 and 637 do not apply, but— (a) the mining registrar must within 14 days after the consultation and negotiation period ends, fix a day for the tribunal to hear the application for the renewal; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the renewal and make a native title issues decision. "(6) Section 641 does not apply, but the tribunal must advise the Minister of its native title issues decision. "(7) Section 645 does not apply, but the native title issues decision must be complied with by the Minister unless the Minister overrules the native title issues decision under division 3, subdivision 6. "(8) Sections 647(2) and (3) does not apply. "(9) In sections 648 and 649, a reference to the Governor in Council is a reference to the Minister. 159 Division 3 (Other mining leases on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 160 Section 633 (Objection during consultation and negotiation period) Ree rr O OAN HD HNDFWNe ion' wn Ree ns eee wornad e \o NN re Oo s 54 229 s 54 Native Title (Queensland) State Provisions Amendment "Requirements for approval (other changes)—applying div 4 "704.(1) If this division applies to an approval because of section 697(5), and the approval is other than the grant of an additional area of surface land, the additional requirements applying under division 4 for the granting of a mining lease other than a surface alluvium (gold or tin) mining lease not on an alternative provision area also apply for the approval. "(2) The requirements apply with necessary changes. "Applying div 4 for approval "705.(1) This section— (a) applies for applying the provisions of division 4; and (b) does not limit section 704. "(2) For applying section 652(3), the following period is substituted for the periods mentioned in section 652(3)(b)(1) and (ii), that is, the end of the period of 28 days after lodgement of the application for the approval. "(3) For applying section 669, the pre-referral period is— (a) the period of 6 months starting on the notification day (native title issues); or (b) if the registered native title parties and the applicant agree on a time, which must be later than the time that would otherwise apply under paragraph (a), and advise the mining registrar in writing of the agreed later time—the period ending at the agreed later time. "(4) For applying division 4, subdivisions 4 and 5,161 if the proposed approval is referred to the tribunal for a native title issues decision, there is not a combined hearing, but there is a hearing for a native title issues decision, including the hearing of any objections lodged under section 668.162 161 Division 4 (Other mining leases not on alternative provision areas), subdivisions 4 (Referral and native title issues decision) and 5 (Requirements for combined hearing) 162 Section 668 (Objections) ANY DWNPwWhN o 11 1317 192124 26 s 54 230 s 54 Native Title (Queensland) State Provisions Amendment "(5) Sections 671 and 672 do not apply, but— (a) the mining registrar must within 14 days after the pre-referral period ends, fix a day for the tribunal to hear the application for the approval; and (b) all consultation and negotiation parties have the right to be heard at the hearing; and (c) the tribunal must hear the application for the approval and make a native title issues decision. "(6) Section 676 does not apply, but the tribunal must advise the Minister of its native title issues decision. "(7) Section 680 does not apply, but the native title issues decision must be complied with by the Minister unless the Minister overrules the native title issues decision under division 4, subdivision 6.163 "(8) Sections 682(2) and (3) does not apply. "(9) Division 4, subdivision 7164 does not apply. "(10) In sections 687 and 688, a reference to the Governor in Council is a reference to the Minister. 163 Division 4 (Other mining leases not on alternative provision areas), subdivision 6 (Overruling of native title issues decision) 164 Division 4 (Other mining leases not on alternative provision areas), subdivision 7 (Special provisions about completion of combined hearing and making of native titles issues decision) s 54 231 s 54 Native Title (Queensland) State Provisions Amendment 'PART 18—COMPENSATION PROVISIONS 'Division 1—Preliminary 'Definitions for pt 18 "706. In this part— "compensation decision", for a relevant act, means a decision of the tribunal, other than a compensation trust decision, that provides for— (a) whether compensation is to be paid to a registered native title body corporate in relation to the relevant act; and (b) if compensation is to be paid—the amount of money to be paid. "compensation trust decision", for a relevant act, means a decision of the tribunal about the payment of an amount to be held in trust for any entitlement to compensation for the doing of the relevant act. "relevant act" means the grant, renewal or variation of, or another act concerning, a mining tenement, if the act happens after the commencement of this section, and is an act— (a) to which— (i) part 13 applies; or (11) part 14, 15, 16, or 17, division 2, 3, 4, 5 or 6 applies; or (b) to which part 13 would apply, or part 14, 15, 16, or 17, division 2, 3, 4, 5 or 6 would apply, were it not that— (i) the act relates to a mining tenement in an approved opal or gem mining area, and is excluded from the application of the right to negotiate provisions under section 26(2)(d) of the Commonwealth Native Title Act; or (11) the mining tenement relates to a place that is on the seaward side of the mean high-water mark of the sea; or oN AN BW 11141720 2224 26 s 54 232 s 54 Native Title (Queensland) State Provisions Amendment (11) the act relates to a mining lease for the sole purpose of the construction of an infrastructure facility associated with mining, and is an act mentioned in section 24MD(6B)(b) of the Commonwealth Native Title Act; or (c) that is a renewal to which part 14, 15, 16 or 17, division 5 would apply, were it not that the renewal is an act— (i) to which the right to negotiate provisions do not apply because of section 26D(1) of the Commonwealth Native Title Act; and (11) in relation to which the earlier right to mine mentioned in section 26D(1)(a) is an earlier right mentioned in section 26D(1)(b)(i1); and (111) for which compensation has not previously been agreed. 'Division 2—General principles 'Native title compensation "707.(1) An entity is entitled to compensation for the effect of a relevant act on the entity's native title rights and interests, including for activities carried out under the mining tenement the subject of the relevant act as a result of the relevant act. (2) However, the entity may receive compensation only in a way provided for in this part. "(3) Nothing in subsections (1) and (2) stops— (a) compensation from being agreed to before a relevant act is done, based on the expected effect of the relevant act on an entity's native title rights and interests; or (b) a compensation decision or compensation trust decision being made, in accordance with the requirements of the native title provisions, including this part, before a relevant act is done, having regard to the expected effect of the relevant act on an entity's native title rights and interests. 1719 21 242729 s 54 233 s 54 Native Title (Queensland) State Provisions Amendment "(4) Subject to the provisions of this part requiring the State to pay an amount of compensation in relation to a relevant act, only the applicant for, or the holder of, the mining tenement the subject of a relevant act may be ordered to pay an amount under a compensation decision or a compensation trust decision. "(5) There is no entitlement to be compensated more than once for the effect on native title rights and interests of an act if compensation has already been provided under this part for what is essentially the same effect of the same act. "Agreement for compensation "708.(1) The applicant for the doing of a relevant act, or the holder of a mining tenement the subject of a relevant act, may enter into an agreement with an entity for compensation to be paid to the entity for the effect of the relevant act on— (a) the entity's native title rights and interests; or (b) ifthe entity is a registered native title body corporate mentioned in section 57(3) of the Commonwealth Native Title Act, the native title rights and interests of the body corporate's common law holders; or (c) if the entity is a registered native title claimant, the native title rights and interests of the native title claim group. "(2) An agreement about compensation is not effective as an agreement under this part unless the agreement— (a) is in writing, and signed by or on behalf of the parties to it; and (b) has been filed in the office of the mining registrar. "(3) Ifa registered native title body corporate mentioned in section 57(3) of the Commonwealth Native Title Act is a party to an agreement about compensation, each individual included in the body corporate's common law holders is a party to the agreement. "(4) Ifa registered native title claimant is a party to an agreement about compensation, each individual included in the native title claim group concerned is a party to the agreement. Oo onan nABwWNPR 1214 1719 21 23 2729 31 s 54 234 s 54 Native Title (Queensland) State Provisions Amendment "Application for compensation "709. An entity may apply to the tribunal for a compensation decision or a compensation trust decision for a relevant act if the entity is— (a) (b) an entity that is not a party to an agreement about compensation for the relevant act, but is 1 of the following— (i) anentity claiming an entitlement to be paid compensation for the effect of the relevant act on the entity's native title rights and interests; (11) a registered native title body corporate mentioned in section 57(3) of the Commonwealth Native Title Act claiming an entitlement to be paid compensation for the effect of the relevant act on the native title rights and interests of the body corporate's common law holders; (11) aregistered native title claimant claiming an entitlement to be paid compensation for the effect of the relevant act on the native title rights and interests of the native title claim group; or the applicant for the doing of the relevant act, or the holder of the mining tenement the subject of the relevant act. "Compensation provided in non-monetary form "710.(1) This section applies if the tribunal makes a compensation decision for a relevant act and the decision is that compensation is payable. '(2) If the registered native title body corporate asks the tribunal to make a recommendation that the whole or part of the amount of the compensation should instead take the form of non-monetary compensation, the tribunal— (a) (b) must consider the request; and may recommend that the person required under the compensation decision to pay the compensation should, within the period specified in the tribunal's recommendation, provide non-monetary compensation in accordance with the recommendation. CIDA NAR WH 1113 1517 19 22 242830 s 54 235 s 54 Native Title (Queensland) State Provisions Amendment "(3) If the tribunal makes the recommendation, the person required to pay the compensation under the compensation decision may provide non-monetary compensation in accordance with the recommendation. "(4) If the person does provide non-monetary compensation in accordance with the recommendation, the non-monetary compensation is full compensation for the relevant act to the extent of the compensation that was the subject of the recommendation. "(5) If the non-monetary compensation is not provided in the way recommended by the tribunal, the registered native title body corporate entitled to receive compensation under the compensation decision may ask the tribunal to vary the compensation decision. "(6) The variation of the compensation decision may take into account the extent to which non-monetary compensation has been provided under the recommendation. "(7) In this section— "non-monetary compensation" includes the following— (a) the transfer of land or other property; (b) the provision of goods or services; (c) the creation of employment opportunities. "Conditions of agreement or compensation decision "711.(1) If there is an agreement about compensation under this part, or a compensation decision, for a relevant act relating to a mining claim or mining lease, it is a condition of the mining claim or mining lease that the holder of the claim or lease must comply with the terms of the agreement or decision. "(2) In this section— "compensation decision" does not include a compensation decision under which the State is required to pay an amount of compensation. Ree FOO mH ADA NF WYpPore eli andilend RwWN a oc ON DWN 222428 s 54 236 s 54 Native Title (Queensland) State Provisions Amendment "Compensation trust decisions "712.(1) If the tribunal makes a compensation trust decision for a relevant act, any amount required to be paid into trust under the decision— (a) must be paid to the tribunal; and (b) must be held in the way prescribed under a regulation until it is paid to an entity in a way provided for in this part. '(2) The applicant for, or holder of, a mining tenement the subject of a relevant act can not be required to pay an amount under a compensation decision for the relevant act to the extent that the land the subject of the relevant act is the subject of a compensation trust decision for the relevant act. 'State's right to be heard "713. The State has the right to be heard at any proceeding before the tribunal under this part. 'Division 3—Payment of compensation in particular circumstances "Compensation before relevant act relating to mining claim or mining lease if registered native title body corporate "714.(1) This section applies to a relevant act relating to a mining claim or mining lease if there is a registered native title body corporate in relation to any part (the "identified part") of the land the subject of the relevant act. "(2) The relevant act may be done only if— (a) for the identified part, compensation has been decided by— (i) agreement between the applicant for the doing of the relevant act and the registered native title body corporate; or (11) a compensation decision; and (b) the conditions of the agreement or decision, required under the agreement or decision to be complied with by the applicant before the relevant act is done, have been complied with by the applicant. FOO mAN Aw fF WN ee 14 17 1922 24 27 s 54 237 s 54 Native Title (Queensland) State Provisions Amendment "(3) If the relevant act can not be done because of the operation of subsection (2)(a), the mining registrar must ask the tribunal to make a compensation decision for the relevant act if— (a) either of the following applies— (i) an agreement for the doing of the act has been made, but the agreement did not include agreement about compensation, and 3 months have passed since the agreement was entered into; (11) the tribunal has decided in favour of the doing of the relevant act, and 3 months have passed since the making of the tribunal's decision; and (b) neither the applicant for the doing of the relevant act nor the registered native title body corporate has applied to the tribunal for a compensation decision for the relevant act. "Compensation before relevant act relating to mining claim or mining lease if registered native title claimant "715.(1) This section applies to a relevant act relating to a mining claim or mining lease if there is a registered native title claimant in relation to any part (the "identified part") of the land the subject of the relevant act. "(2) The relevant act may be done only if— (a) for the identified part, either of the following applies— (i) anagreement about compensation has been reached between the applicant for the doing of the relevant act and the registered native title claimant; (11) the tribunal has made a compensation trust decision for the relevant act; and (b) either of the following applies— (i) if paragraph (a)(i) applies—the conditions of the agreement, required under the agreement to be complied with by the applicant before the relevant act is done, have been complied with by the applicant; 16 1821 2326 2931 s 54 238 s 54 Native Title (Queensland) State Provisions Amendment (11) if paragraph (a)(ii) applies—the amount ordered by the tribunal under the compensation trust decision to be paid to the tribunal to be held in trust has been paid to the tribunal. "(3) If the relevant act can not be done because of the operation of subsection (2)(a), the mining registrar must ask the tribunal to make a compensation trust decision for the relevant act if— (a) either of the following applies— (i) an agreement for the doing of the act has been made, but the agreement did not include agreement about compensation, and 3 months have passed since the agreement was entered into; (11) the tribunal has decided in favour of the doing of the relevant act, and 3 months have passed since the making of the tribunal's decision; and (b) neither the applicant for the doing of the relevant act nor the registered native title claimant has applied to the tribunal for a compensation trust decision for the relevant act. "Compensation after relevant act relating to mining claim or mining lease "716.(1) This section applies if— (a) when a relevant act relating to a mining lease is done, there is no registered native title body corporate or registered native title claimant in relation to land the subject of the relevant act; and (b) after the doing of the relevant act an entity becomes a registered native title body corporate or registered native title claimant in relation to the land. '(2) If the entity becomes a registered native title body corporate, the entity may, at any time after the relevant act is done— (a) recover compensation under an agreement about compensation between the holder of the mining claim or mining lease and the registered native title body corporate; or Foo m NA AW WNHK eee ee BRWN eee Nauwn 19 2226 28 30 s 54 239 s 54 Native Title (Queensland) State Provisions Amendment (b) apply to the tribunal for a compensation decision for the relevant act. "(3) If the entity becomes a registered native title claimant, the entity may at any time after the relevant act is done— (a) recover compensation for the relevant act under an agreement about compensation between the holder of the mining claim or mining lease and the registered native title claimant; or (b) apply to the tribunal for a compensation trust decision for the relevant act. "Compensation after relevant act relating to other mining tenement if registered native title body corporate "717.(1) This section applies to a relevant act relating to a prospecting permit, exploration permit or mineral development licence if there is a registered native title body corporate in relation to land the subject of the relevant act. (2) Without limiting section 707, the registered native title body corporate may, at any time after the relevant act is done— (a) recover compensation under an agreement about compensation between the holder of the prospecting permit, exploration permit or mineral development licence and the registered native title body corporate; or (b) apply to the tribunal for a compensation decision for the relevant act. "Compensation after relevant act relating to other mining tenement if registered native title claimant "718.(1) This section applies to a relevant act relating to a prospecting permit, exploration permit or mineral development licence if there is a registered native title claimant in relation to land the subject of the relevant act. "(2) Without limiting section 707, a registered native title claimant may at any time after the relevant act is done— CO IYDAH BW HY 1315 17 1921 23 25 2729 31 s 54 240 s 54 Native Title (Queensland) State Provisions Amendment (a) (b) recover compensation for the relevant act under an agreement about compensation between the holder of the prospecting permit, exploration permit or mineral development licence and the registered native title claimant; or apply to the tribunal for a compensation trust decision for the relevant act. "Compensation found to be payable after agreement for compensation concluded "719.(1) This section applies if, in relation to any part of the land the subject of a relevant act— (a) (b) (c) (d) there is an agreement under this part for the payment of compensation for the doing of the relevant act; and an entity obtains an approved determination of native title to the effect that native title exists; and the entity was not a party to the agreement for the payment of compensation; and the agreement does not provide that any compensation payable under the agreement must be paid to the entity or successor of the entity, including for example a registered native title body corporate holding the native title rights and interests claimed by the entity. '(2) The relevant registered native title body corporate may apply for a compensation decision. "(3) The State must pay any compensation decided by the tribunal under the compensation decision. 'Division 4—Amounts held in trust "Repayment of amount held in trust for compensation "720.(1) This section applies if— DAN BPWNHE 12 14 16 182023 25 28 s 54 241 s 54 Native Title (Queensland) State Provisions Amendment (a) an amount is held in trust under a compensation trust decision for a relevant act; and (b) either of the following happens— (i) the application for the doing of the relevant act is not granted and is no longer a current application; (11) the relevant act is done, but an approved determination of native title is made that native title does not exist in relation to land the subject of the relevant act. "(2) A person who claims to have an entitlement to the amount paid into trust, or the State, may apply to the tribunal for an order about the payment of the amount. "(3) The tribunal may— (a) order the payment of some or all of the amount to the person who paid the amount; or (b) if the person no longer exists, make an appropriate order about the payment of some or all of the amount. "(4) If subsection (1)(b)(i1) applies, the tribunal, in making its order under subsection (3), must have regard to the extent to which the approved determination relates to the land the subject of the relevant act. 'Dealing with amount held in trust for compensation—determination of native title "721.(1) This section applies if— (a) an amount is held in trust under a compensation trust decision for a relevant act; and (b) the relevant act is done; and (c) an approved determination of native title is made that native title exists in relation to land the subject of the relevant act. '(2) The relevant registered native title body corporate may apply to the tribunal for, and the tribunal must make, a compensation decision. 21 24 27 29 s 54 242 s 54 Native Title (Queensland) State Provisions Amendment "(3) As well as making the compensation decision, the tribunal must also, having regard to the extent to which the approved determination relates to the land the subject of the relevant act, decide how much (the "trust amount") of the amount held in trust under the compensation trust decision should be paid to the registered native title body corporate. "(4) If the amount payable under the compensation decision is more than the trust amount, the difference must be paid by the State to the registered native title body corporate. 'Dealing with amount held in trust for compensation—no applicable provision "722.(1) This section applies if— (a) an amount is held in trust under a compensation trust decision for a relevant act; and (b) no other provision of this part provides for the disposal of the amount; and (c) the tribunal decides, on an application by a person, that it would be just and equitable in all the circumstances to pay some or all of the amount held in trust to a person. '(2) The tribunal must order the payment of some or all of the amount held in trust in the way the tribunal considers appropriate. '. "Replacement of pt 12 hdg "10. Part 12, heading— omit, insert— CID NARWNHE 11 13 15 1720 22 s 54 243 Native Title (Queensland) State Provisions Amendment s 54 'PART 19—TRANSITIONAL PROVISIONS 'Division 1—Transitional provisions for Act No. 27 of 1998'. 'Renumbering of ss 419 and 420 "11. Sections 419 and 420— renumber as sections 723 and 724. 'Insertion of new pt 19, div 2 '12. After section 724 as renumbered— insert— 'Division 2—Transitional provisions for Act No. 38 of 1998 'Application of div 2 *725.(1) This division applies to an application if— (a) itis an application for— (i) the granting of a mining tenement; or (11) an approval relating to a mining lease; and (b) the application was lodged before the commencement of this section; and (c) the application is still current; and (d) immediately before the commencement of this section— (i) if paragraph (a)(1) applies—the granting of the mining tenement would have been an act to which the right to negotiate provisions applied; or (11) if paragraph (a)(ii) applies—the approval would have been an act to which the right to negotiate provisions applied. o ON DD 11316 18 2023 s 54 244 s 54 Native Title (Queensland) State Provisions Amendment "(2) However, this division does not apply to an application relating to a mining tenement if a notice under section 29165 of the Commonwealth Native Title Act in relation to the act the subject of the application, required to be given as part of complying with the right to negotiate provisions, was given before the commencement of this section. 'Definitions for div 2 "726. In this division— "approval" has the meaning given in section 696.166 "notification commencement day", for an application, means the notification commencement day advised for the application under section 727. 'Giving advice of notification commencement day "727.(1) The mining registrar must give a notice to— (a) the applicant under each application for the granting of a mining claim or mining lease, advising the applicant of the notification commencement day for the application; and (b) the applicant under each application for an approval relating to a mining lease, advising the applicant of the notification commencement day for the application. '(2) The chief executive must give a notice to the applicant under each application for the granting of an exploration permit or mineral development licence, advising the applicant of the notification commencement day for the application. 'Existing prospecting permit applications "728.(1) This section applies to an application if— 165 Section 29 (Notification of parties affected) of the Commonwealth Native Title Act 166 Section 696 (Meaning of "approval" in div 6) ARWNF Poo wo 4 lon 13 15182123 25 s 54 245 s 54 Native Title (Queensland) State Provisions Amendment (a) the application is for the granting of a prospecting permit; and (b) the granting of the prospecting permit is an act to which part 13 applies. "(2) Subsection (3) applies to the giving of the application notice under section 431, instead of section 431(2). "(3) The notice must be given no later than— (a) 2 months after the commencement of this section; or (b) if, under section 432, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. 'Existing mining claim applications '729.(1) This section applies to an application for the granting of a mining claim. "(2) The mining registrar must ask the applicant to nominate which of the following the applicant now seeks to be granted— (a) asurface alluvium (gold or tin) mining claim under part 14; (b) a mining claim other than a surface alluvium (gold or tin) mining lease under part 14. "(3) If the applicant nominates a surface alluvium (gold or tin) mining claim, subsection (4) applies to the giving of the written notice under section 444, instead of 444(2). '(4) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 445, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. CcoOWMW ND WS Wn e 13 15 18 2023 25 27 s 54 246 854 Native Title (Queensland) State Provisions Amendment "(5) If the applicant nominates a mining claim other than a surface alluvium (gold or tin) mining claim, and part 17, division 3 is to be applied to the granting of the mining claim, subsection (6) applies to the giving and publication of notice under section 616, instead of section 616(3). (6) The written notice must be given under section 616(1), and the public notice must be published under section 616(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 618, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "(7) If the applicant nominates of a mining claim other than a surface alluvium (gold or tin) mining claim, and part 17, division 4 is to be applied to the granting of the mining claim, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3). "(8) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. 'Existing exploration permit applications "730.(1) This section applies to an application for the granting of an exploration permit. '(2) The chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted— (a) alow impact exploration permit under part 15; (b) ahigh impact exploration permit under part 15, for the granting of which part 15, division 3 applies; CO ADM BRWNE eee NRO Pere DAwnt WwW eee oon NN re Oo NR wpehNd BRwWN 27 29 32 s 54 247 s 54 Native Title (Queensland) State Provisions Amendment (c) ahigh impact exploration permit under part 15, for the granting of which part 15, division 4 applies. "(3) If the applicant nominates a low impact exploration permit, subsection (4) applies to the giving of the application notice under section 486, instead of 486(2). '(4) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) two months after the notification commencement day for the application; or (b) if, under section 487, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(5) If the applicant nominates a high impact exploration permit, and part 15, division 3 is to be applied to the granting of the permit, subsection (6) applies to the giving of the application notice under section 497, instead of section 497(2). '(6) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 499, the mining registrar has given a direction for the giving of a new written notice—before the end of the period nominated in the direction. "(7) If the applicant nominates a high impact exploration permit, and part 17, division 4 is to be applied to the granting of the permit, subsection (8) applies, instead of section 524(2). "(8) For applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i) and (ii), that is, the period of 4 months after the notification commencement day. ao nn nn & WwW Ne \o RP Re NRO RP Ree DAN WwW ile' on Ne cow NNN WNe N NN Hun WWWNwPN Nr OO ON s 54 248 854 Native Title (Queensland) State Provisions Amendment 'Existing mineral development licence applications "731.(1) This section applies to an application for the granting of a mineral development licence. "(2) the chief executive must ask the applicant to nominate which of the following the applicant now seeks to be granted— (a) alow impact mineral development licence under part 16; (b) a high impact mineral development licence under part 16 for the granting of which part 16, division 3 applies; (c) a high impact mineral development licence under part 16 for the granting of which part 16, division 4 applies. "(3) If the applicant nominates a low impact mineral development licence, subsection (4) applies to the giving of the application notice under section 542, instead of 542(2). '(4) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) two months after the notification commencement day for the application; or (b) if, under section 543, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(5) If the applicant nominates a high impact mineral development licence, and part 16, division 3 is to be applied to the granting of the licence, subsection (6) applies to the giving of the application notice under section 553, instead of section 553(2). '(6) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 555, the mining registrar has given a direction for the giving of a new written notice—before the end of the period nominated in the direction. eA HD ns Wn 1215 17 192224 26 28 30 s 54 249 854 Native Title (Queensland) State Provisions Amendment "(7) If the applicant nominates a high impact mineral development licence, and part 17, division 4 is to be applied to the granting of the licence, subsection (8) applies, instead of section 581(3). "(8) For applying section 652, the written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day, and the following period is substituted for the periods mentioned in section 652(3)(b)(i) and (ii), that is, the period of 4 months after the notification commencement day. 'Existing mining lease applications "732.(1) This section applies to an application for the granting of a mining lease. "(2) the mining registrar must ask the applicant to nominate which of the following the applicant now seeks to be granted— (a) asurface alluvium (gold or tin) mining lease under part 17; (b) a mining lease other than a surface alluvium (gold or tin) mining lease under part 17. "(3) If the applicant nominates a surface alluvium (gold or tin) mining lease, subsection (4) applies to the giving of the written notice under section 599, instead of 599(2). '(4) The notice must be given no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 600, the mining registrar has given a direction for the giving of a new written notice—the end of the period nominated in the direction. "(5) If the applicant nominates a mining lease other than a surface alluvium (gold or tin) mining lease, and part 17, division 3 is to be applied to the granting of the mining lease, subsection (6) applies to the giving and publication of notice under section 616, instead of section 616(3). CONIDAA WHE 12 14 17 1922 24 262931 s 54 250 s 54 Native Title (Queensland) State Provisions Amendment (6) The written notice must be given under section 616(1), and the public notice must be published under section 616(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 618, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "(7) If the applicant nominates a mining lease other than a surface alluvium (gold or tin) mining lease, and part 17, division 4 is to be applied to the granting of the mining lease, subsection (8) applies to the giving and publication of notice under section 652, instead of section 652(3). "(8) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (d) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. 'Existing applications for certain approvals "733.(1) This section applies to an application for an approval relating to a mining lease. "(2) If part 17, division 3 is to be applied to the approval, subsection (3) applies to the giving and publication of notice under section 616 instead of section 616(3). "(3) The written notice must be given under section 616(1), and the public notice must be published under section 616(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or CUD WHR WPeE 111417 1923 26 2831 s 54 251 s 54 Native Title (Queensland) State Provisions Amendment (b) if, under section 618, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "(4) If part 17, division 4 is to be applied to the approval, subsection (5) applies to the giving and publication of notice under section 652 instead of section 652(3). "(5) The written notice must be given under section 652(1), and the public notice must be published under section 652(2), no earlier than the notification commencement day for the application, and no later than— (a) four months after the notification commencement day for the application; or (b) if, under section 654, the mining registrar has given a direction for the giving of a new written notice and the publication of a new public notice—the end of the period nominated in the direction. "Separate hearings "734.(1) This section applies if, for an application for the granting of a mining claim or mining lease— (a) the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and (b) part 14, division 2 or part 17, division 2, 3 or 4 is to be applied to the granting. "(2) Ifa hearing has already been held under part 4 or 7 for the granting of the mining claim or mining lease, the hearing under part 14, division 2, or part 17, division 2, 3 or 4 is not a combined hearing.'.'. © State of Queensland 1999 FEO CAN AWK WHE ee See BRWN 17 19 21 23