Expedited Procedure Reforms

The Department of Mines, Industry Regulation and Safety (DMIRS) have published the new expedited procedure process, which was implemented on 1 June 2022.

Prior to 2022, State policy on the inclusion of the expedited procedure statement in notices issued under section 29 of the Native Title Act 1993 (Cth) applied a ‘blanket approach’ to the application of the expedited statement to particular kinds of tenements, namely prospecting licences, exploration licences, and retention leases (exploratory titles). However, the new process allows DMIRS greater discretion in the application of the expedited statement to such tenements.

In particular, the new expedited procedure process involves:

  1. The introduction of a new early risk assessment and triage process to identify applications for tenements that are at high risk of a determination by the National Native Title Tribunal (NNTT) that the expedited procedure does not apply, should an objection to the assertion of the expedited procedure statement be lodged with the Tribunal;
  2. The implementation of a case management approach to encourage applicants and native title parties (NTPs) to achieve early agreement making;
  3. Education and engagement with NTPs about the reforms (on request);
  4. Clear engagement protocols for applicants and NTPs to promote early engagement and agreement making between industry and NTPs;
  5. Ongoing discussions with the NNTT regarding the operation of the expedited procedure process; and
  6. Ongoing discussions with the Chief Magistrate regarding matters to be resolved in the Warden’s Court.

The purpose of the new process is to encourage early agreement making between parties and reduce delays to the grant of exploratory titles.

Further Information

The documents below provide further information on the new expedited procedure process.

Guide to Expedited procedure case management within the resource access branch - 272 Kb

Resource Access Branch Flow Chart

Guide to the Exploratory Title Assessment Procedure - 253 Kb

Guide to the Exploratory Title Assessment and Case Management Process Pursuant to the Native Title Act 1993

Engagement Protocols form - 238 Kb

RAB Engagement Protocols Guidelines Form

Guidelines Assessing Hot Spots for Exploratory Titles - 229 Kb

Guidelines for Assessing Hot Spots for Exploratory Titles

Expedited Procedure Case Management Guidelines - 235 Kb

Expedited Procedure Case Management Guidelines