Alternative State Provisions (ASPs)
The Alternative State Provisions (ASPs) are the native title processes for progressing applications for exploration and mining tenements under the Mineral Resources Act 1989 lodged:
- between 18 September 2000 and 31 March 2003 inclusive; and
- before 18 September 2000, but only if notified for commencement under the ASPs.
These ASPs, located in Parts 12 to 19 of the Mineral Resources Act 1989, replaced the right-to-negotiate provisions of the Commonwealth Native Title Act 1993.
Explanation of the ASPs
View and print out the ASPs Manuals for Applicants setting out the various schemes.
Tenement applicants are required to notify various people, including the relevant native title parties, either before or shortly after lodgement of an application or shortly after commencement of the application under the ASPs (ie, for application lodged before 18 September 2000).
After the grant of prospecting permits allowing prospecting, low-impact exploration permits and low-impact mineral development licences, the provisions require consultation with native title parties on the protection of native title rights and interests, and to obtain an access agreement before entry onto the land.
Where no agreement is obtained the Land and Resources Tribunal determines the terms of access.
For high-impact exploration tenements, high-impact mineral development licences, mining leases and mining claims, negotiation with native title parties is required to enable the grant of the tenement. Native title parties are entitled to object. Mediation is available from the Tribunal if requested. If agreement for grant cannot be negotiated, the matter is heard by the Tribunal. In the case of mining claims and mining leases, this is heard in conjunction with any other hearing necessary under the Mineral Resources Act 1989. The Minister may overrule the Tribunal only in limited circumstances.
A compensation agreement is required before the grant of a mining lease or mining claim on land where there is a native title party.
Where no agreement can be reached, the Tribunal makes a compensation decision or compensation trust decision. The compensation trust decision is made for registered native title claimants and the amount paid by the applicant of the mining lease or mining claim is to be paid to the Tribunal to be held in trust.
Settling of compensation is not required before the grant of prospecting permits, exploration permits and mineral development licences, but native title parties may request a compensation agreement or apply to the Tribunal for compensation or an amount to be paid into trust, as the case may be, at any time after grant.
Last updated: 20 March 2009