Right to negotiate
From 1 April 2003, the department reverted to the Commonwealth right to negotiate process for tenement applications lodged after 31 March 2003 under the Mineral Resources Act 1989 or lodged before 18 September 2000 but not commenced under any other native title process.
While the Expedited Procedure under the right to negotiate process will generally apply to exploration activities, the full right to negotiate process will apply to applications for mining leases, mining claims and some mineral development licences. However, the department prefers that applications advance under a registered Indigenous Land Use Agreement where one is registered.
Where a miner satisfies the state's guidelines for proposals for the right to negotiate, the state will consider initiating the right to negotiate process by issuing a section 29 notice.
- Guidelines for right to negotiate submissions
- Guidelines for right to negotiate submissions for petroleum
- Right to negotiate process flowchart
See the National Native Title Tribunal website for a factsheet on the right to negotiate.
Last updated 17 October 2010