Heads of Agreement - Pastoral Lease - Re Negotiation Process
The pastoralist and the applicants enter into a Heads of Agreement on ....... day of ..........199 .

1. This agreement is made to establish the approach that will be adopted by the parties to their participation in the mediation of the application by the applicants for native title on the pastoral lease held by the pastoralist and to the regulation of their respective rights and interest in the land whatever the outcome of the application.

2. The interests of the pastoralist in subsequent negotiations under this agreement will be represented by:

insert name(s)
2.1 The interests of the traditional owners in subsequent negotiations under this agreement will be represented by:

insert name(s) of representative body or real persons;
2.3 While other persons may be substituted for the persons nominated in subclauses 2 and 2.1 above by giving [insert no. of weeks] notice in writing of the substitution, the parties agree that every reasonable effort will be made to ensure the continued participation of the nominated persons in the negotiation process.

3 The parties may involve the State of <name> in the negotiations as required to achieve the objectives agreed by them.

4.1 The next meeting between the parties will be held at [specify location for meeting - choose a neutral venue] on [insert date] and the parties will meet thereafter in accordance with a timetable and negotiation protocol determined at that meeting in order to deal with issues between them including those set out below.

4.2 The parties acknowledge that sufficient time will have to be allowed between meetings to permit consultations with all the applicants on matters discussed and proposed agreements.

4.3 The parties agree that prior to the meeting specified in subclause 4.1 both parties will jointly visit the applicant's country for the purpose of familiarisation.

5. Confidential information provided by the parties shall be confidential to the parties unless otherwise agreed.

6. Wherever possible the parties will give each other notice in writing of the positions to be advanced prior to the meeting convened to discuss those issues.

7. All dealing between the parties will be in good faith and with the object of reaching agreement on the use of the land in a way which will best preserve the respective rights and interest of the parties.

8. It is agreed that the following issues will require detailed consideration by the parties who will endeavour to reach agreement on them:

(i) the Pastoralist requires acknowledgment of the validity of his/her/its title and of his/her/its right to carry out their pastoral business in an efficient and economic manner;
(ii) station rules essential to the proper management of the property are to be established including with respect to:
(a) gates (eg leave as found);
(b) firearms (eg no unauthorised);
(c) dogs;
(d) non interference with stock / respect for animal husbandry practises and stock work;
(e) use of vehicles off road;
(f) control and use of feral animals including quarantine and disease issues;
(g) use of pesticides/chemicals - regulation of use;
(h) rubbish and other waste management.
[This is a non exhaustive list]

(iii) control of fire - no wildfires (looking after country according to custom may raise issues as to best practices for ecological management of station environments, for example appropriate burning may reduce weed species and benefit all the parties);
(iv) protection and use of water resources - pastoral, domestic and fishing/catching uses;
(v) public liability and insurance issues;
(vi) the traditional owners require recognition of relationship to the land (and as traditional owners) and access to the land for traditional purposes including:
(a) hunting and gathering of bush tucker (including fishing);
(b) access to traditional medicines;
(c) ceremony and cultural practices including identification (site surveys/clearance), heritage protection and opportunity to look after sites of significance or of particular importance to the traditional owners;
(d) teaching people/children and take them to places on school excursions;
(e) traversing;
(f) camping at various places on the property;
(g) living;
(h) extraction of cultural materials;
(i) bury people on country (this may require Government approval);
(j) Aboriginal employees on the property and release to fulfil cultural obligations.
(vii) the impact of management practices on traditional activities (eg food and medicine collecting) and the ecosystems of the property (eg wetlands), for example concern about the impact of poisoning of wild dogs on the property and rehabilitation of the natural environment of the property;
(viii) the imposition of a restriction on the pastoralist and associated persons from taking certain flora and fauna;
(ix) provision of access roads to places of significance and camping areas;
(x) living areas - with or without excisions and provision of support for infrastructure development for outstations;
(xi) capacity for the traditional owners to establish economic enterprise on property;
(xii) compensation and process costs including who pays for site surveys, clearance, participation in negotiation processes;
(xiii) whether the parties wish to use a facilitator to assist negotiations and if applicable how to choose that facilitator.
(xiv) where the resources and assistance for the negotiation process will be found eg Government, Representative Body and National Native Title Tribunal sources.


9.1 If the pastoralist seeks to change the purpose of the lease there will be prior consultation with the traditional owners.

9.2 The traditional owners are to be given first option to purchase the station if it is proposed to be sold.

10. The parties will explore:
(a) the means available and the circumstances in which they would agree to ensure that any agreements between them can be made to run with the land;
(b) whether the agreements made should be legally binding or allow the parties to fall back on statutory or other legal rights including native title (both may be possible);
(c) appropriate mechanisms for ongoing consultation as circumstances or the parties require;
(d) means of achieving the right to negotiate;
(e) the relationship between the rights of native title holders and other Aboriginals.