The Commonwealth Native Title Act 1993 (NTA) applies to the grant of a tenement by the State over land subject to native title. The NTA also allows for a State to develop and use its own alternative provisions, once approved by the federal Minister.

Mineral Resources Act 1989

Several processes may operate to deal with native title issues associated with applications for mining and exploration tenements under the Mineral Resources Act 1989 (MRA). These processes are: 

• Indigenous Land Use Agreements (ILUAs) under the NTA,
• Right to Negotiate procedures (RTNs) including the Expedited Procedure and section 31 agreements under the NTA, and
• Alternative State Provisions (ASPs) under the MRA.

The date of lodgement of the tenement application and whether there is a relevant registered ILUA determines which process applies to an application.

Petroleum & Gas (Production & Safety) Act 2004

The State must comply with the NTA when granting authorities to prospect (ATPs), petroleum leases (PLs) and pipeline licences over land subject to native title. As such, the RTN procedures apply to ATPs and PLs granted under the Petroleum & Gas (Production & Safety) Act 2004 over land subject to native title.

Fossicking Act 1994

Before a determination of native title, no native title process is required for fossicking licences because it is dealt with as a low impact future act under the NTA. However, after a determination that native title exists, an ILUA must be in place to enable the continuation and commencement of fossicking activities.

Which process applies to which application? See the table of Processing arrangements for current exploration, mining and petroleum tenement applications.

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