1. This is an agreement in principle between Aboriginal people of the <name> region who are represented by the <name> Land Council and by claimants in a number of native title claims which have been lodged with the National Native Title Tribunal.
2. The registered claimants and the groups for whom they claim are as set out in the attachment to this agreement.
3. The <name> Land Council has been determined under the Native Title Act 1993 as the representative body for the <name> region.
4. The claimants and the <name> Land Council had previously agreed with each other to set up a working group to advance and protect the interests of native title holders in the <name> area.
5. Differences have arisen between some of the claimants and between some of the claimants and the <name> Land Council.
6. All the claimants and the <name> Land Council now wish to put these differences behind them and to co-operate between themselves in order to advance their common interests.
7. All claimants recognise and accept that they all form part of the one cultural group in the <name> Region being related by blood, marriage or skin.
The Basic Principles
8. The claimants and the <name> Land Council agree upon the following points as the basis for their co-operation:
8.1 The interests of Aboriginal people asserting native title in the <name> area shall be represented by one inclusive Independent Body upon which all Aboriginal interests in the <name> are represented.
8.2 The Independent Body should be funded and provided with administrative support by the <name> Land Council so that it can control its own destiny subject to budget limitations and the need for accountability about the use of money.
8.3 The Independent Body should negotiate with mining companies in the <name> area on behalf of all Aboriginal people represented by the claimants and for the benefit of all of them.
8.4 A single native title claim inclusive of all Aboriginal interests in the <name> area should be lodged and supported by the Independent Body.
How the Independent Body is Made Up
9. The claimants and the <name> Land Council agree that membership of the Independent Body should be open to all Aboriginal people who assert native title rights and interests in the <name> Region. Those people may choose a small Governing Committee representative of family groups to look after the day to day affairs of the Independent Body. All members of the Independent Body must have the opportunity to be informed and consulted about the work of the Governing Committee.
Timeframe
10. The claimants and the <name> Land Council agree that it is necessary to set a timeframe for putting this agreement into effect. That timeframe should include the following steps:
10.1 A draft constitution for the Independent Body to be prepared by < > on or before < >.
10.2 The draft constitution to be circulated to the claimants and their family groups on or before < >.
10.3 A meeting of the claimants to discuss and settle the constitution be held on <>.
10.4 The members of the Governing Committee be chosen at a meeting of Aboriginal people from the <name> area to be held on < >.
10.5. The <name> Land Council to advise the Independent Body of its offer of administrative support and the extent of funding for representation and conditions attaching to such funding on or before < >.
10.6 The Governing Committee to invite expressions of interest for:
10.6.1 Legal representation for the Independent Body in processing native title claims; and
10.6.2 A negotiator on behalf of the Independent Body in dealing with mining companies,
on or before < >.
10.7 Legal representation and a negotiator to be chosen and contracts prepared with the assistance of the <name> Land Council on or before < >.
10.8. A single claim to be submitted to the Governing Committee for consideration and discussion with the members of the Independent Body on or before < >.
10.9. A single claim to be lodged on or before < >.
10.10 Strategies for dealing with mining industries in the <name> Region to be prepared by the negotiator and settled by the Governing Committee on or before < >.
10.11 Meetings with representatives of the mining industry to discuss possible regional arrangements to be convened by the Governing Committee with the assistance of the <name> Land Council (and if desired, the assistance of the National Native Title Tribunal) on or before < >.
10.12 The Independent Body's office to be opened at <location> on or before < >.
10.13 A trust fund for receiving compensation or other payments to be dealt with for the benefit of all Aboriginal peoples in the <name> Region is to be set up by the Independent Body on or before < >.
Interim Arrangements
11. A small steering committee selected by the claimants will supervise the implementation of this agreement in conjunction with the officers of the <name> Land Council.
12. The claimants and the <name> Land Council also agree that the way in which they will operate under this agreement is generally to be in line with the <x> principles previously discussed as a basis for the <name> Working Group, a copy of which is attached to this agreement.
13. All parties agree that this agreement can be modified and developed by agreement between them according to changing circumstances.
DATED this day of 199 .
SIGNED by <name>
on behalf of the <name> Peoples:
SIGNED by <name> on behalf
of the <name> Peoples:
SIGNED by <name> on behalf of the
<name> Clan:
etc
Signed by <name> for and on
behalf of <name> Land Council
Attachment 1
List of Registered Claimants
Attachment 2
Statement of Principles
1. <name of Aboriginal People> own land together under <name> law.
2. All <name of Aboriginal People> are traditional owners together for this country. (All have special responsibility for particular areas.)
3. <name of Aboriginal People> should co -operate in native title claims.
4. <name of Aboriginal People> will work together to make agreements with mining companies.
5. <name of Aboriginal People> will work together to get decisions on mining from the arbitrator (Tribunal).
6. <name of Aboriginal People> will work together to get compensation for mining.
7. <name of Aboriginal People> will try together to protect Aboriginal sites and culture.
8. All compensation should be put on the table for all <name of Aboriginal People>.
9. <area><name of Aboriginal People> - who have put in claims will join together to form a Working Group with two representatives from each claimant group.
10. The Working Group will have meetings to decide how best to make ideas work.
11. The Working Group will prepare a budget for claims and mining applications to present to the <name> Land Council, including funding for lawyers.
12. <name> Land Council representatives will attend the meetings to help with information.
13. <name> Land Council will help <name of Aboriginal People> who work together in this way:
with their native title claims;
with negotiations and arbitration;
to get compensation for mining;
to protect Aboriginal sites and culture.
14. <name> Land Council will help <name of Aboriginal People> to meet together to sort out disputes.
15. The <name of Aboriginal People> who have put in claims will work with the <name> Land Council to make these ideas strong.
16. The <name> Land Council should try to give funding for native title claims:
which have a good chance of winning;
which are backed up by all <name of Aboriginal People>;
which most <name of Aboriginal People> will benefit from;
particularly where there may be a mine.
17. The <name> Land Council should try to give funding for mining negotiations/arbitration:
where it will set a good rule for later cases;
where a lot of <name of Aboriginal People> will benefit;
where <name of Aboriginal People> have agreed on what they want.
18. Funding decisions need to be made taking account of time limits under the NTA.
19. Any new agreements should be negotiated on behalf of the claimant groups jointly by the Working Group and the benefits should be placed in a trust for those joint groups and be for the befits of those groups.
20. The trust rules should take account of benefits which some claimants have already received out of native title claims procedures.
21. The Working Group must act fairly and equitably as between all <name of Aboriginal People>.