Memorandum of Understanding
Between

<name> on behalf of the <name> People
and
<name> on behalf of the <name> People and
and
<name> on behalf of the <name> People
(collectively "the Parties")

Recitals

A The Parties have lodged the following applications for the determination of native title in respect of the areas specified in their applications:
<name> Party - application <no.>;
<name> Party - application <no.>; and
<name> Party - application <no.>
("the Applications").

B The State of Western Australia proposes to grant to <Grantee Party> the following mining lease applications affecting areas covered by the Applications:
<application no.>; and
<application no.>
("the Mining Leases").

C The Parties are native title parties with whom the State of Western Australia is required to negotiate in good faith with in respect of the proposed grant of the Mining Leases.

D The Parties express their mutual wish to co-operate with one another and provide a unified voice in negotiations under s 31 of the Native Title Act 1993 with the <Grantee Party> and the State of Western Australia.


IT IS AGREED:

1. The Parties commit themselves to work together in a way which promotes harmonious relations between the Aboriginal peoples of <name of area>.

2. Authorised representatives of each of the Parties will meet on <date> at <place> to discuss the joint approach that they will take in negotiations with the <Grantee Party> and the State of Western Australia.

3. Prior to the meeting the representatives will ensure, according to traditional law and custom, that they are authorised to speak for the people they represent and can as far as Aboriginal law and custom allows be able to present the position of the relevant peoples in respect of the proposed grant of the Mining Leases.

4. Each of the representatives will be accorded the respect due to him or her under traditional law and custom and traditional law and custom will be respected in all dealings between the Parties.

5. The meeting of the representatives will seek to determine how each Parties' interests in relation to the land to be affected by the grant of the relevant proposed mining lease can be best protected and work out a joint approach to the negotiations that will as far as possible meet the needs of all the Parties. The representatives of the Parties will choose a chief spokesperson and an assistant spokesperson to negotiate on behalf of the Parties.

7. The meeting will run by a chairperson selected by equal numbers of representatives from each party and decision making will be on a consensus basis.

6. Further meetings of the representatives can be proposed by any of the Parties when the Party considers that it would be desirable to clarify negotiating points.

7. Disputes between the Parties in relation to the grant of the Mining Leases (including any conditions that will be sought to be imposed) will only be raised at a meeting of the Parties called for that purpose and, where possible, resolution will be sought through the consensus of the Parties after discussion.

8. If a consensual resolution is not obtainable then an independent mediator agreed to by the Parties will be appointed to mediate the dispute. Where the Parties cannot agree on a mediator then the President of the National Native Title Tribunal will be requested to nominate a suitable mediator.

9. Disputes will be dealt with according to this Memorandum of Understanding and will not be raised in any manner or in any forum other than that set out herein or in such a way as to impair successful negotiations with the Grantee Party and the State of Western Australia.

10. The Parties will hold confidential to the Parties any information gained and statements made during the course of their discussions about the claim areas and will not make such information or statements known to any others outside the Parties in such a way as to generate conflict between the Parties or impair successful negotiations with the Grantee Party and the State of Western Australia.

11. Public statements in relation to the negotiations will be made after discussions between the Parties and in accordance with that agreed with the Grantee Party and the State of Western Australia.



SIGNED this day of 1996




Name of first party name of witness





Name of second party name of witness