Template

FRAMEWORK AGREEMENT

This Framework Agreement, dated the ________ day of ____________ 1996

BETWEEN:
each of the following native title claimants:
<name of person or Aboriginal Corporation> ("the first claimant")
<name of person or Aboriginal Corporation> ("the second claimant")
(collectively the "Claimant Parties")
AND:
AND:(collectively the "Parties")

WHEREAS:
A Each claimant has lodged with the National Native Title Tribunal ("the NNTT") a native title claim over all or part of the land and water within the Region and each claimant has become a registered native title claimant in respect of the relevant area.

B The Parties are committed to reaching an agreement negotiated in accordance with this framework agreement.

C The Parties enter into these negotiations for the purpose of resolving questions of traditional ownership and use by Aboriginal people, the exercise of legislative and administrative authority by the Commonwealth and State Governments and the enjoyment of private rights and title by others in relation to the land and waters the subject of this agreement.

D The Parties are committed to negotiating an agreement that will begin a new relationship based on mutual respect, understanding and trust, and will provide certainty for all Parties.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

DEFINITIONS1.1 In this agreement unless the contrary intention appears:

"Agreement-in-Principle" means the Agreement between the Parties which is composed of a package of Parts concluded by the Parties on each substantive issue of negotiation.
"Final Agreement" means the Agreement formally ratified and signed by the Parties at the end of this negotiating process.
"Main Table" means the formal meetings between all of the Parties to this Agreement for the purpose of undertaking negotiation in respect of an Agreement-in-Principle and a Final Agreement.

"NNTT" means the National Native Title Tribunal established pursuant to s. 107 of the Native Title Act 1993 (Cth).

"Negotiators" means in respect of:
the first claimant - <name>;
the second claimant - <name>;
[the Claimant Parties - <name>;]
etc or persons acting in the relevant position where at least two weeks notice has been given by the Party replacing or substituting a negotiator to each other Party that the person named above has either temporarily or permanently been replaced.

"Negotiation Procedures" mean the procedures specified in Schedule 2.

"overlap" means a geographic area within the Region in respect of which two or more claims have been lodged with and registered by the NNTT.

"parties to the claims" means all persons whose interests may be affected by a native title determination made pursuant to Part 4 of the Native Title Act 1993 whether or not they have become a party to a particular claim pursuant to s. 68 of that Act.

"Region" means the area defined in Schedule 1 to this agreement.
"Timeframes" means the timeframes established as milestones in respect of the negotiating process and specified in the Negotiation Procedures (Schedule 2) hereto.

1.2 In this agreement unless the contrary intention appears:

(a) the word person includes a body corporate, statutory corporation, an unincorporated association or an authority and a reference to a gender includes each other;
(b) the singular includes the plural and vice versa;
(c) a reference to a person includes a reference to a person's executors, administrators, successors, substitutes (including but not limited to persons taking by novation) and assigns;
(d) an agreement, representation or warranty on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally; and
(e) a reference to any thing is a reference to the whole or any part of it and a reference to a group of persons is a reference to any one or more of them.

1.3 The Schedules attached to this Agreement form part of this Agreement. In the event of an inconsistency between the general body of the Agreement and the Schedules, the terms of the general body of Agreement prevail to the extent of the inconsistency.

PURPOSE OF THE FRAMEWORK AGREEMENT
2.1 The purpose of this Framework Agreement is to promote efficient, effective, and orderly negotiations leading to completion of an Agreement-in-Principle in respect of the Region. The Framework Agreement sets out an approach to and process for negotiations; identifies the scope of negotiations; and establishes an agenda and a timetable for the negotiations.

PARTIES
3.1 The Parties agree that there are other parties to the claims who will be informed of this agreement and invited to participate as appropriate in the negotiations under it.

SCHEDULING AND TIMING AND COMMITMENT
4.1 The Parties will negotiate with the intention of concluding an Agreement-in-Principle within the timeframe and according to the procedures specified in Schedule 2.

4.2 The Parties agree to negotiate in good faith in respect of the matters to be resolved under this Framework Agreement and to use all reasonable endeavours to comply with the Timeframes established herein.

4.3 The parties undertake, so far as is possible, to use the same Negotiators throughout the whole of the negotiation process leading to the making of the Final Agreement.

SUBSTANTIVE ISSUES FOR NEGOTIATION
5.1 The following is a list of the broad substantive issues that the Parties intend to address in respect of the Region during Agreement-in-Principle negotiations. The list is not intended to be exhaustive and issues may be added or amended by agreement in writing of the Negotiators:

5.1.1 Disposition of interests within parts of and across the Region.
5.1.2 Access to lands and water including:
(i) access and use of crown land and pastoral leases by native title holders;
(ii) public access to waters and public places including recreational boating and diving;
(iii) exclusive use of areas for native title holders;
(iv) international law requirements eg right of innocent passage;

5.1.3 Culture and heritage including protection of important sites and continuation of traditional activities.
5.1.4 Offshore co-management including:
(i) co-management structure - legislative considerations and decision making processes;
(ii) fish and fisheries (including aquaculture) - recreational and commercial, existing and future rights;
(iii) conservation and protection of the environment - ecologically sustainable use and multi-use marine protected areas;
(iv) enforcement and appointment of traditional rangers/inspectors (training and resourcing);
(v) tourist operations;
(vi) compliance with international conventions.

5.1.5 Land co-management including:
(i) co-management structure for crown land including national parks;
(i) conservation and exploitation of natural resources;
(ii) coastal development;
(iii) land rehabilitation.

5.1.6 Financial Arrangements including resource revenue sharing
5.1.7 Implementation
5.1.8 Exploration/Mining/Petroleum/Natural Gas - interaction and participation rights
5.1.9 Air Space
5.1.10 General Provisions
(i) Amendment Procedures(ii) Certainty(iii) Constitutional Issues (State/Commonwealth waters)(iv) Dispute Resolution(v) Eligibility (traditional and historically affiliated groups)(vi) Ratification(vii) Implementation Funding

5.2 The identification by the Parties of these broad substantive issues will not be used by any Party during Agreement-in-Principle negotiations so as to limit the scope of discussions under each issue.

5.3 The inclusion of a substantive issue in this section does not commit any of the Parties to conclude an agreement on it.

OVERLAPS
8.1 The relevant Claimant Parties will resolve any Overlaps that may exist between their claims and report back to the Main Table periodically on the status of its Overlap discussions.If the lack of resolution related to Overlaps is found to be interfering with the successful conclusion of negotiations, the Parties may consider other options to resolve the Overlaps, including seeking assistance from the NNTT.

INTERPRETATION OF THE FRAMEWORK AGREEMENT
9.1 Nothing in this agreement is intended to define, create, recognise, deny or amend any of the rights of the Parties.

9.3 This agreement and the negotiations leading up to or carried out pursuant to this agreement are without prejudice to any legal positions that have been taken by any of the Parties in any court or tribunal proceedings, process or otherwise and shall not be construed as admissions of fact or liability in any such proceeding or process.

APPROVAL OF THE FRAMEWORK AGREEMENT
10.1 The Negotiators of the State of <name> and the Commonwealth (where relevant) will initial this Framework Agreement to signify their intention to recommend it to the Parties for approval. The Parties will signify their approval of this Framework Agreement by the signature of their authorised representatives.

10.2 The <name> Negotiators are authorised to sign this Framework Agreement on behalf of <name>.
etc.

10.3 The Minister of <name> is authorised to sign this Framework Agreement on behalf of the State of <name>.

10.4 The Minister of <name> is authorised to sign this Framework Agreement on behalf of the Commonwealth. [Include if relevant]

DISPUTE RESOLUTION
11.1 Prior to a Party exercising its right to suspend negotiations under section 12.1, the Parties shall in good faith make all reasonable efforts to enter into appropriate methods of dispute resolution in accordance with the procedures specified in Schedule 2.

SUSPENSION OF THE NEGOTIATIONS
12.1 Any of the Parties may suspend the negotiations contemplated by this Framework Agreement by providing written notice which sets out the reasons for suspension, and the date that the suspension commences, to the other Parties and to the NNTT.

PUBLIC INFORMATION, OPENNESS AND CONSULTATION
13.1 Subject to the Negotiation Procedures (Schedule 2) the Parties recognise the need to provide information on the negotiations and to consult with those whose interests may be affected by the negotiations, on a timely and regular basis.

FUNDING
14.1 Each of the Parties will be responsible for obtaining funding for its own participation in the negotiation process.

AGREEMENT-IN-PRINCIPLE
15.1 An Agreement-in-Principle reflects the agreements reached on the substantive issues for negotiation. It is the basis for the negotiation of the Final Agreement and will include agreement on ratification procedures.

INTERIM MEASURES
16.1 The Parties will negotiate interim measure agreements before or during the negotiations when an interest is being affected which could undermine the process.

AMENDMENTS
17.1 This Framework Agreement (including Schedule 2) may be amended by agreement of all Parties in writing.

Signed on Behalf of the <name>:

______________________
<name>
<position>

Signed on Behalf of the:

__________________________ __________________________<name> <name>
Negotiator Negotiator

_____________________________________________________________________
<name> <name> <name>
Negotiator Negotiator Negotiator

Signed on Behalf of the State of:
__________________________The Honourable <name>Minister for <name>
[just examples of possible attestation clauses]

Schedule 1

Region to which the claim relates

<description of Region>

Schedule 2

PROCEDURES FOR FRAMEWORK AGREEMENT NEGOTIATIONS

1.0 Overall Procedures

1.1 Negotiations will be conducted between all the Parties to this Agreement at formal meetings (the Main Table) to which each Party will send a Negotiator(s). The Negotiators will be responsible for the conduct and coordination of all negotiations.

1.2 The Negotiators may, by agreement, establish side tables, directed to explore options for consideration by the Main Table or to negotiate and make recommendations for consideration by the Main Table on matters delegated by the Negotiators.

1.3 The Negotiators may, by agreement, establish technical working groups to conduct joint research and analysis on matters arising at the main table.

1.4 The results of each negotiation of a substantive issue will be recorded in a Part of the Agreement-in-Principle. The Negotiators will signify their agreement on a substantive issue by initialling that Part.

1.5 Any initialled Agreement-in-Principle or Part thereof may be reconsidered or amended by the Main Table when asked to do so by a Negotiator.

1.6 Once all the Parts of the Agreement-in-Principle have been initialled, the Negotiators will take the necessary steps to complete a draft Agreement-in-Principle by consolidating all Parts and such other provisions as may be required.

1.7 The Negotiators of the State of <name> and the Commonwealth (where appropriate) will signify their agreement on the Agreement-in-Principle by initialling it, and they will recommend this Agreement-in-Principle to their respective Party for approval.

1.8 The Agreement-in-Principle will be concluded upon having been approved and signed by the Parties.

1.9 After the Agreement-in-Principle has been concluded the Parties will negotiate, on a timely basis, a Final Agreement based on the Agreement-in-Principle.

1.10 The initialling procedures set out in sections 1.4 to 1.7 of these procedures may be amended by agreement in writing of the Negotiators.

2.0 TYPES AND FREQUENCY OF MEETINGS

2.1 Main Table Meetings
2.1.1 The Parties' Negotiators will meet on <insert date> and schedule further such meetings as they consider necessary to achieve the Agreement-in-Principle within a timely manner. In the event that the Agreement-in-Principle is not completed within <insert time>, the Negotiators will establish a revised target for completion of the Agreement-in-Principle negotiations.

2.1.2 Working groups and their terms of reference will be established at Main Table meetings by agreement between the Negotiators.

2.1.3 The working groups will schedule their meetings to achieve the objectives contained in the terms of reference agreed to by the Negotiators.

2.2 Meetings Between Some of the Parties
2.2.1 In the event that meetings are held between some of the Parties to this Agreement, the non-participating Party(ies) will be notified of the scheduling and purpose of the meeting in advance. The outcome of the meeting will be reported to the non-participating Party.

3.0 LOCATION OF MEETINGS

3.1 Main Table meetings will be held in <location> unless otherwise agreed to by the Negotiators.

3.2 Working group meeting locations will be decided by the members of the working group in advance of the meetings.
4.0 PHYSICAL REQUIREMENTS
4.1 The Negotiators will agree on the space and equipment requirements for Main Table meetings and will assess proposed meeting locations accordingly.

5.0 AGENDAS AND FORMATS OF MAIN TABLE MEETINGS
5.1 A working group consisting of a representative from each of the Parties will coordinate Main Table meetings and agendas.

5.2 Agendas will be developed jointly and circulated in advance of the Main Table meeting by the Party chairing the meeting in order to provide sufficient time for each Party to prepare.

5.3 The Parties will consider the advisability of holding workshops involving outside experts or resource people as a means of sharing and accumulating information, particularly of a technical nature, prior to a Main Table or working group meeting.

5.4 If it appears that an urgent issue will detract from the principle objectives of a Main Table meeting, the Negotiators may establish a working group or an ad hoc committee to deal with the issue and report back to the Main Table with recommendations.

6.0 RECORD KEEPING
6.1 Written Records - Each Party's negotiating team will keep private notes.
6.2 Audio or Video Recordings - Recording or video taping of any meetings or proceedings of any kind will be subject to the approval in advance of the Negotiators. Any recordings or video taping of meetings will be for historical purposes only and will have no status as admissions or records of agreement.

6.3 Records of Decision At the start of Main Table meetings, the Negotiators will appoint a secretary to prepare a Record of Decisions and Commitments. The Record of Decisions and Commitments will include the date, time and location of the next Main Table meeting, and any decisions or other information that the Negotiators consider relevant.

7.0 CHAIRING OF MEETINGS
7.1 Main Table meetings will be chaired by each of the Parties on a rotational basis or, with the approval of the Negotiators, by a representative of the National Native Title Tribunal.

7.2 The chair may participate in discussions at Main Table meetings.

8.0 ATTENDANCE AT MEETINGS
8.1 Public access to negotiation proceedings will generally occur in Main Table negotiations devoted to a general exchange of information or clarification of interests and policies, or the discussion of matters of a procedural nature.

8.2 In deciding whether the public will have access to a negotiation session, the Negotiators will consider whether attendance at the session by individuals other that the negotiating team members would:

increase the effectiveness of the session;

interfere with the effectiveness of the process;

reasonably be expected to prejudice the positions or strategies of the Parties; or

harm the conduct of the negotiations.

8.3 Pursuant to clauses 8.1 and 8.2 attendance of the public at meetings (either in part or full) will be determined by the Negotiators prior to the meeting so as to give at least two weeks notice to interested persons that the session will be open.

9.0 COMMUNICATIONS
9.1 Communications with the media or the public will be determined by the Negotiators prior to the end of the relevant meeting.

9.2 Information will be shared freely between the Parties in accordance with the Information Sharing Principles to be agreed to by the Parties. The Parties will be subject to the rules of confidentiality including such further rules as may be agreed to by the Parties for the full duration of negotiations and for further periods according to the nature of the information and the rules.

9.3 To foster a common understanding of the negotiation process, the Negotiators may organise orientation sessions for the negotiation teams.

10.0 NATIONAL NATIVE TITLE TRIBUNAL
10.1 The Party chairing a Main Table meeting will provide the National Native Title Tribunal with a copy of the Record of Decisions and Commitments of the meeting.

10.2 The Parties will meet with the National Native Title Tribunal, when requested, to discuss the progress of negotiations.

10.3 Any Party may invite a representative of the National Native Title Tribunal to a meeting to facilitate negotiations. The Party requesting such assistance will notify the other Parties in advance.

11.0 DISPUTE RESOLUTION
11.1 The Parties are committed to resolving disputes through the use of dispute resolution mechanisms, where appropriate, which may or may not involve the National Native Title Tribunal. Such mechanisms may include, but are not limited to, mediation, or referral to facilitators or, in the case of technical issues, independent experts.

11.2 In the event that the Parties reach an impasse in the negotiations, they will approach the National Native Title Tribunal to assist them in obtaining appropriate dispute resolution services. Participation in a dispute resolution process will be with the consent of each Party.