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, 521KB).

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 At this point, the expedited procedure assertion is withdrawn and the terms of that agreement replace the NTPCs.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...

  • Last reviewed: 10 Jul 2020
  • Last updated: 22 Aug 2024