E/CN.4/2002/24/Add.1 page 31 (b) The right to negotiate provisions 66. In paragraph 7 of CERD decision 2 (54), the Committee expressed its concern that provisions within the NTA that place “restrictions concerning the right of Indigenous title holders to negotiate non-Indigenous land uses” are discriminatory. The Committee urged the Government to suspend implementation of the 1998 amendments.9 Most states and territories have introduced legislation that contains provisions which restrict the ability of native title holders to negotiate over non-Indigenous land uses. 67. Table 4 sets out the current status of alternative right to negotiate legislation that the states and territories have introduced, as of 30 June 1999. Changes that occurred subsequently are indicated in bold type. Table 4 State and territory legislation that adopts exceptions to the right to negotiate provisions State or territory New South Wales Victoria ACT Legislative action Status of legislation Sections 32-39, Native Title (NSW) Amendment Act 1998 (NSW) provide that the Administrative Decisions Tribunal will hear objections arising in relation to section 24MD (6B) Proclaimed on 30 September 1998 Amendments to the Mining Act and Petroleum Act (Onshore) Act 1991 ensure that particular grants qualify as either approved exploration grants (sect. 26A) or approved opal gem mining (sect. 26C). These provisions do not come into force until the Commonwealth Minister has made a determination. NSW has applied for a determination in relation to section 26C, but not for section 26A. The Commonwealth Minister was considering the application for determination at 18 January 2000 The Land Titles Validation (Amendment) Act 1998 amends the Pipelines Act 1967 in order to comply with the requirements of section 24MD (6B) Enacted by parliament and in force No legislation is planned N/A No legislation as yet