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Expedited procedure
The expedited procedure is a process for resolving native title rights and interests that is faster than the full right-to-negotiate process. This process applies only to exploration authorities and mineral development licences that don't cause major ground disturbance.
The expedited procedure occurs when the State asserts that the activities to be performed under the resource authority will have minimal effect on native title rights and interests.
We can assert this because we propose to attach the 'native title protection conditions' (NTPCs) to the resource authority upon grant. We consider the NTPCs adequate to protect native title rights and interests for that particular area. Read more about the NTPCs.
This guide explains the expedited procedure process, including eligibility criteria, section 31 agreements, costs, time frames and the protection conditions you must meet.
In this guide, you can also access all the forms you'll need throughout the process.
Understanding the expedited procedure
Expedited procedure process
The expedited procedure enables you to address native title rights and interests faster than through the right-to-negotiate process, and occurs when the State anticipates the activities will have minimal effect on native title rights and interests.
We then consider whether granting that exploration authority attracts the expedited procedure, accounting for the native title protection conditions (NTPCs) (PDF, 342KB).
Download our expedited procedure flow chart, (PDF, 223KB), which outlines the process for you.
Processing time frame
If there are no native title party or no objections have been lodged, the native title process is completed within 4 months after the notification day. The exploration authority can be granted with the NTPCs.
If a registered native title party objects to the expedited procedure, the parties begin negotiations and the process can take a further 6 or more months to resolve.
Other prerequisite application requirements are completed while the native title process is underway, such as the issue of a relevant environmental authority and payment of rent.
Associated costs
There are advertising fees and other costs associated with the expedited procedure process. If the resource authority is granted with NTPCs, there are annual fees, adjusted on 1 July each year according to the CPI indexation. Fees are stated in sections 5.6 and 8.1 of the NTPCs, or see the table below for current fees.
NTPC associated costs
Description | Cost |
---|---|
Inspectors and monitors/day | {{ pass_35964 }} |
Inspectors and monitors/half day | {{ pass_35965 }} |
Annual administration fee | {{ pass_35963 }} |
How GST applies to NTPCs
- The amount paid by the explorer does not change, regardless of whether GST is payable.
- If GST is payable, the nominated body must remit 1/11th of the amount paid to the Australian Taxation Office as GST.
- If GST is not payable, the nominated body retains the whole amount.
Eligible activities
Activities that cause major ground disturbance are not considered eligible activities under an expedited procedure grant.
For this scale of activity, you'd need to use the full right-to-negotiate process (RTN) or an Indigenous land use agreement.
The following table shows activities that may be undertaken using the expedited procedure through native title protection conditions (NTPCs) for some exploration permits for minerals and coal, and some mineral development licences.
Agreed activities considered eligible to be undertaken after notification as prescribed by the NTPCs | Activities that require notification, inspections or monitoring as prescribed by the NTPCs |
---|---|
Aerial surveys | Levelling of drilling pads and digging sumps |
Geological and surveying field work that doesn't involve clearing | Fence line changing |
Sampling by hand methods | Open trenching or costeaning with an excavator |
Ground-based geophysical surveys that don't involve clearing | Vegetation clear-felling |
Environmental field work that doesn't involve clearing | Construction of an exploration camp, concrete pad, sewage or water treatment facility, or fuel dump |
Drilling and activities associated with drilling that don't include:
|
Geophysical surveying with physical clearing Seismic survey using explosives Construction of a track or access road |
Changes to activities post-grant
Undertaking activities that are likely to involve major disturbance to land under a resource authority granted subject to NTPCs would result in a breach of grant conditions. Such a breach may result in the issue of a compliance direction or initiate compliance action by the Minister who may impose a penalty, amend or impose new conditions, or cancel the permit.
Also consider...
- Read the Native Title Act 1993.
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact us for information about expired Mareeba district agreements.
Native title protection conditions
The native title protection conditions (NTPCs) are conditions placed on exploration permits for minerals and coal, and some mineral development licences, granted under the expedited procedure.
The NTPCs identify:
- which native title parties you must engage
- what you and the native title parties must do before and during any exploration
- what happens when parties don't meet specified time frames.
We can assert that we can process an application under the expedited procedure because we consider the NTPCs adequate to protect native title for that area (i.e. the activities to be performed there won't significantly affect native title rights and interests).
Read the native title protection conditions (PDF, 521 KB).
Objections to protection conditions
If a registered native title party believes that the expedited procedure shouldn't apply to an application and lodges an objection with the National Native Title Tribunal (NNTT), we can't grant the resource authority until the objection is resolved.
Read more about the objection process.
Private agreements
After commencing the expedited procedure, some applicants and native title parties prefer to negotiate an agreement for the grant of the exploration authority.
If no native title party objects, the NTPCs remain as conditions of the authority no matter what private agreement the parties may have reached (unless they ask us to withdraw the expedited procedure assertion).
If, in response to an objection by a native title party, the parties inform us that they've reached a private (ancillary) agreement, we ask the parties sign a section 31 deed providing for the grant of the authority. At this point, the expedited procedure assertion is withdrawn and the terms of that agreement replace the NTPCs.
Read about private agreements under section 31 of the Native Title Act 1993.
Also consider...
- Read the Native Title Act 1993.
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district agreements.
Agreements under Section 31 of the Native Title Act
Dual deed system
Queensland has a 'dual deed' system, which means that an applicant for a resource authority and the relevant native title party will generally have to negotiate 2 agreements:
- a section 31 deed
- an ancillary agreement (i.e. private agreement).
The ancillary agreement is confidential and includes:
- land access arrangements
- conduct and compensation arrangements,
- the protection of native title rights and interests, and cultural heritage.
This ancillary agreement is not usually submitted to the National Native Title Tribunal.
Most agreements include a cultural heritage management plan to ensure the continued protection of cultural heritage values in the land.
Section 31 template
You can use the section 31 deed template for either the expedited procedure or right-to-negotiate process. By signing this deed, the parties confirm that they've:
- negotiated and executed an ancillary agreement
- received independent legal advice
- consented to the grant.
Once signed, you'll need to submit the section 31 deed to the Department of Resources at nativetitleservices@resources.qld.gov.au.
We'll consider and execute the deed, which completes the native title process.
The applicant and the native title party are responsible for negotiating and executing agreements, but we may be able to advise or help with some components of the agreement.
Contact us to request the section 31 deed.
No native title party
If there's no native title party registered for the area of a grant, you will still need to comply with the Aboriginal Cultural Heritage Act 2003 and Torres Strait Island Cultural Heritage Act 2003.
Transfers and assignments
A resource authority holder may transfer their authority under the Mineral and Energy Resources (Common Provisions) Act 2014.
A transfer is also called an 'assignment' in section 31 deeds.
When lodging a transfer, the resource authority holder must complete the Section 31 deed assignment notice form (PDF, 279KB), and submit a copy to:
- the native title party of the transfer
- the department of the proposed transfer.
This is in compliance with the section 31 deed and ancillary agreement, and the Mineral Resources Act 1989.
Also consider...
- Read the Native Title Act 1993.
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district agreements.
Objections to expedited procedure
If a registered or determined native title party disagrees that the expedited procedure should apply to an application, they can lodge an objection with the National Native Title Tribunal (NNTT). When this occurs, we can't grant the resource authority until that objection is resolved.
A registered or determined native title party must lodge their objection with the NNTT within 4 months of the notification day stated on the section 29 notice.
Registering a claim
If a native title party hasn't registered their claim by the notification day, they have 3 months to gain registration status with the NNTT and a further month to lodge an objection. Therefore, even if no native title claim exists over the application area on the notification day, a party may still register one during this period.
You must negotiate with any native title party that is registered over the application area at the end of the 4-month notification period. You will then enter negotiations to address the grounds for the objection.
How objections are resolved
Objections may be resolved in the following ways:
- The parties reach agreement (ancillary agreement) and the objection is withdrawn either voluntarily by the native title party or through the fully executed section 31 deed (the preferred outcome).
- We remove the expedited procedure assertion and the proposed grant moves into the full right-to-negotiate process.
- The NNTT dismisses the objection.
- The NNTT issues a determination after a formal inquiry.
Read more about the NNTT.
Also consider...
- Read the Native Title Act 1993.
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district agreements.
Forms for native title protection conditions
The forms below are used for resource authorities granted under the native title protection conditions. For the full explanations of these forms, read the native title protection conditions.
Form | Purpose |
---|---|
Exploration activity notice (PDF, 122KB) | If the explorer proposes to carry out exploration activities within a notification area under the native title protection conditions, the explorer must give native title parties an exploration activity notice |
Response notice (PDF, 133KB) | Native title parties have 20 business days from receipt of the exploration activity notice to respond with a response notice |
Meeting notice (PDF, 80KB) | If the explorer can't agree with the native title parties on a time for a meeting, the explorer must give the parties a meeting notice, advising when and where the meeting will take place |
Outcomes notice (PDF, 50KB) | Following a meeting between the explorer and the native title parties, the explorer must give the parties an outcomes notice |
Outcomes response notice (PDF, 68KB) | Native title parties have 5 business days from receipt of the outcomes notice to respond with an outcomes response notice |
Field inspection notice (PDF, 65KB) | Within 5 business days of the field inspection conclusion, the explorer must give the native title parties a field inspection notice |
Inspection report (PDF, 56KB) | Within 20 business days of the field inspection conclusion, or longer if the explorer advises, native title parties must give the explorer an inspection report |
Recommendations objection notice (PDF, 53KB) | The explorer has 5 business days from receipt of the inspection report to give the native title parties a recommendations objection notice, providing details of the recommendations dispute |
Cultural heritage notice (PDF, 71KB) | The explorer has 2 business days after making a cultural heritage find to give the native title parties a cultural heritage notice |
Cultural heritage response notice (PDF, 48KB) | Native title parties have 5 business days from receipt of the cultural heritage notice to give the explorer a cultural heritage response notice |
Nominated body notice (PDF, 57KB) | Within 7 business days of the granting of the exploration authority, the explorer must give the native title parties a nominated body notice |
Nominated body response notice (PDF, 55KB) | After receipt of the nominated body notice, the native title parties must give the explorer a nominated body response notice or the explorer won't be required to pay any amount to the nominated body for that native title claim |
Change of nominated body notice (PDF, 77KB) | If the explorer receives a change of nominated body notice, the nominated body identified in that notice becomes the nominated body for the purpose of the protection conditions |
Amendment notice (PDF, 52KB) | If the explorer intends to apply for an amendment of an environmental authority, the explorer must give the native title parties an amendment notice at least 5 business days before applying |
Assignment notice (PDF, 62KB) | If the explorer applies to assign the exploration authority, the explorer must give the native title parties an assignment notice when they apply |
Inability notice (PDF, 67KB) | If the native title parties can't meet their obligations due to a weather condition or occurrence, or a ceremonial or cultural activity, they must send the explorer an inability notice |
Inability response notice (PDF, 64KB) | If the explorer receives an inability notice from the native title parties, the explorer may give the parties an inability response notice stating a reasonable alternative date for the parties to meet their obligations |
Change of details (PDF, 42KB) | If one party changes their contact details, they must send the other party a change of details form |
Modified program of works (PDF, 77KB) | If the explorer needs to provide a modified program of works to the native title parties, the explorer must send the parties a modified program of works form |
Also consider...
- Read the Native Title Act 1993.
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district agreements.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021