THIS DEED is made on 199
BETWEEN
<Name of Applicants> (the Applicants)
AND
<Name of Company>(ACN ) of <Address>,
its successors and assignees (the Company)
RECITALS
A The Applicants are the named registered
native title claimants in a native title determination application <no.>
which was accepted by the National Native Title Registrar on <date>
(the Application).
B The Company has interests in the area
of the Application specified in Schedule 1 to this Deed and is a registered
party to the Application.
C The Company and the Applicants have
reached agreement between themselves on several issues arising out of the
Application.
D As part of this agreement, the Company
wishes to withdraw from the Application on the terms set out in this Deed.
IT IS AGREED AS FOLLOWS:
1.1 The Applicants agree that the Application
is not intended to, and as a matter of law, cannot affect:
(a) the existing rights and interests
of the Company arising out of, or in connection with, the <mining lease(s)><exploration
licence(s)> held by the Company at the date of this Deed;
(b) any renewal or extension of such <mining
lease(s)><exploration licence(s)>; and
(c) public access along existing public
roads within the area covered by the Application.
<This clause assumes that the existing
lease, licence or agreement was granted prior to 1 January 1994 and that the
existing interest has been validated to the extent that it may have been invalid
due to the existence of native title.>
1.2 The Applicants agree that notwithstanding
the outcome of the Application they will not act in any way (be that direct,
legal, political or otherwise) which will prejudice the continuing exercise
and enjoyment of Company's rights and existing interests in respect of the
Area.
2. In consideration for the Applicants
providing their agreement to the matters listed in clause 1, the Company agrees
that it will withdraw as a party to the Application and from the mediation
process in relation to the Application by giving notice of withdrawal to the
National Native Title Tribunal. That notice shall be given to the National
Native Title Tribunal within <x> days of the date of this Deed.
3. Each of the parties agrees to keep
confidential to the parties any information obtained and statements made during
the mediation process about the claim area and the Company's operations and
will not disclose such information or the content of such statements to anyone
outside the parties, unless required to do so by law. Each of the parties
acknowledges that this obligation will continue notwithstanding that the Company
shall cease to be a party to the Application.
4 Each of the parties acknowledges that
this Deed relates only to the Application and the rights and interests of
the Company which are affected by the Application. Each of the parties agrees
that any proposed future act in relation to the area of the Application (including
the proposed grant of any exploration or mining tenement) will be dealt with
under the "future act" provisions of the Native Title Act 1993.
5. The Applicants confirm that they are
authorised to execute this Agreement for and on behalf of the <x> People.
6. By executing this Deed, each of the
parties intends to make a legally binding agreement on the matters set out
in this Deed.
EXECUTED by the Parties as a Deed in <Location>
on the date first written above.
SIGNED SEALED AND DELIVERED by <Name
of The )
Applicants> by )
in the presence of: )
..........................................................................................
Witness
Print Name:
THE COMMON SEAL OF <THE COMPANY>
was hereto)
affixed in accordance with its Articles
of Association in the )
presence of: )
................................................................
......................................................................
Director Director/Secretary
Print Name: Print Name:
Schedule 1
Company Interests in the claim area