DRAFT AGREEMENT
BETWEEN<name> on behalf of the <name> PEOPLE (the first Native Title Party) AND <name> on behalf of the <name> PEOPLE (the second Native Title Party) AND
<name> PTY LTD (Grantee party).
WHEREAS:
A. The Grantee is an applicant for the grant of three Mining Leases <no.>.
B. The Native Title Parties have lodged applications under s.61 of the Native Title Act 1993 (the "Act") for native title determinations in relation to land on which the mining leases lie.
C. The applications have been accepted by the Registrar.
D. The State of <name> has advertised the proposed grant of the Mining Leases under s.29 of the Act.
E. The Grantee has requested that a mediation be conducted by the National Native Title Tribunal, pursuant to s.31(2) of the Act, to seek an agreement about the grant of the titles.
F. The parties have met in a mediation conducted by the National Native Title Tribunal in Perth and have resolved to be bound by this Agreement.
G. It is acknowledged that this Agreement will constitute an ancillary agreement to the s. 34 agreement to be lodged by the parties and the State of <name> with the National Native Title Tribunal as a consequence of the parties entering into this Agreement.
IT IS AGREED:
1. The Grantee before commencing mining activities under any of the Mining Leases will provide an outline of the proposed work program including the general location and extent of excavation in the land under the lease.
2. The Native Title Parties will each appoint a representative within fourteen days of the signing of this Agreement to advise the Grantee within twenty one days of the signing of this Agreement of any areas on the land which are of special significance to the Native Title Parties.
3. The Grantee shall conduct its operations in accordance with the reasonable directions of the Native Title Parties with respect to areas of special significance which direction shall be given in writing within twenty eight days of the signing of this Agreement.
4. The Grantee will not do or allow to be done anything which will or will be likely to damage or disturb areas of special significance to the Native Title Parties without their prior written consent.
5. The Grantee agrees to pay the Native Title Parties for the provision of their services in relation to the identification of areas of special significance in accordance with the formula set out in Schedule 1 to this Agreement which Schedule will remain confidential to the parties.
6. The Grantee will comply with all requirements of the laws of the State and Commonwealth relating to the protection of Aboriginal heritage including cultural materials or sites of special significance.
7. In the event that the Grantee discovers, in the course of its operations, any artefacts or other evidence of prior use by Aboriginal people it shall notify the Native Title Parties as soon as practicable and take all reasonable steps to protect and preserve such artefacts or evidence until it has reached an agreement with the Native Title Parties concerning their disposition.
8. The Grantee will comply with all conditions imposed by the laws of the State upon the grant of the Mining Leases relating to the protection of the environment and rehabilitation of the area the subject of the Leases.
9 . The Grantee will provide to the Native Title Parties at six monthly intervals commencing at the expiry of six months from the signing of this Agreement a written report setting <amounts of product> taken during the reporting period. Provision to the Native Title Parties of copies of reports provided to the <relevant department> which include the information required by this provision will be deemed sufficient compliance with this provision.
10. Should the Grantee propose to change the scope of its operation by taking more than <amount> tonnes per annum, or by changing the target material from <material> to some other mineral, it will give notice of its intention to the Native Title Parties in that regard. Upon such notice being given or such change in the scope of the operation being implemented, the Native Title Parties are entitled to require that the change in operations not proceed unless and until they have given their consent upon terms and conditions which are agreed and if not able to be agreed, arbitrated in accordance with the arbitration provisions of this Agreement.
11. The Grantee undertakes that it will not assign the Mining Leases except with the consent of the Native Title Parties which consent shall not unreasonably be withheld having regard to:
(i) the prior record of the Assignee in dealing with Aboriginal people in the conduct of mining or exploration activities;
(ii) the consent of the Assignee to enter into an agreement with the Native Title Parties subject to terms and conditions consistent with this Agreement or otherwise agreed between the Assignee and the Native Title Parties;
(iii) the capacity of the Assignee to comply with the terms of such agreement.
12. The Grantee must not engage any contractor to carry out mining operations or related work in or on any of the land covered by the Mining Leases unless the contractor agrees in writing, as a condition of the contract, that it will observe the requirements of this Agreement so far as they are applicable to its activities in the lease areas. The Grantee agrees to hold any rights and entitlements arising out of any such agreement with a contractor in trust for the Native Title Parties jointly and severally [query whether last sentence effective].
13. The Grantee and the Native Title Parties will each appoint two representatives to constitute a liaison committee to resolve any dispute that may arise between the Parties.
14. If there is a dispute on any matter arising under this Agreement which cannot be resolved within seven days of notice of the dispute being given by any of the Parties to the other Parties then the dispute shall be referred to an arbitrator agreed by the Parties and in default of agreement within seven days, appointed by the President of the Law Society of <State>.
15. Any arbitration under this Agreement shall be held under the provisions of the <relevant Commercial Arbitration Act>.
16. The Grantee agrees to pay to the Native Title Parties in consideration of their participation in the formation of this Agreement and the costs they have thereby incurred the sum specified in Schedule 1 on the terms and conditions there set out.
DATED this day of 1996.
SIGNED by <name>
for the <name> People:
SIGNED by <name> for the
<name> People:
THE COMMON SEAL of
<name> PTY LTD was
affixed hereto in the
presence of
Director:
Director/Secretary
SCHEDULE 1
1. Each Native Title Party is entitled to receive $ <amount> per day for the provision of its services in relation to the identification of areas of special significance PROVIDED THAT the total payment to each Native Title Party will not exceed $ <amount>.
2. Each Native Title Party is entitled to receive $ <amount> in relation to the cost of its participation in the formation of this Agreement, the payment to be made within twelve months of the signing of this Agreement.