..................................................................................... (name of Minister), THE MINISTER FOR ................................................................. (name of Ministry) ON BEHALF OF THE STATE/TERRITORY OF.......................................................................... (name of State/Territory) ("THE STATE/TERRITORY")

AND

........................................................ (name of claimant) REGISTERED NATIVE TITLE CLAIMANT ON BEHALF OF THE ................................................. (name of Aboriginal People) ABORIGINAL PEOPLE IN NATIVE TITLE DETERMINATION APPLICATION .............. (application number) ("THE NATIVE TITLE CLAIMANT")



RECITALS

A: The native title claimant claims to hold native title to certain land and waters together with all .................................................... (name of Aboriginal People) Aboriginal People and has lodged native title determination application ........................... (application number) under the Native Title Act 1993 (Cth) ("the native title claim") in furtherance of that claim.

B: ................................................. (name of proponent) seeks a new licence ("the new mining licence") under the ................................................. (relevant State/Territory legislation) to mine sands within the area claimed in the native title claim and accordingly must lodge a development application, seeking development consent in respect of the proposed activity under the new mining licence under the ...................................................(relevant environmental/planning/development approval legislation).

C: The State/Territory is required to consent to the development application under the ...................................................................... (relevant environmental/planning/development approval legislation) before it can be considered.
D: Discussions have been held between the State/Territory, the native title claimant and ....................................................... (name of proponent) in an effort to find a satisfactory basis to permit the application for the new mining licence to proceed while leaving the native title claim to be dealt with in accordance with the Native Title Act 1993 (Cth).

E: The native title claimant has expressed a desire to facilitate the issuing of the new mining licence.

F: The State is willing to facilitate the processing of the application for a new mining licence by ................................................................. (name of proponent) and will use the "right to negotiate" provisions of the Native Title Act 1993 (Cth) before issuing a new mining licence.


The Parties agree as follows:

1. The parties acknowledge that this Deed does not constitute any acknowledgment of the existence of native title in the land subject to the native title claim.

2. The parties acknowledge that the new mining lease will not be granted until the relevant legislative requirements are complied with, including those under the ....................................... (relevant environmental/planning/development approval legislation).

3. The native title claimant will consent to the issuing of the new mining licence and agrees that the claimant will not challenge its validity or claim compensation in relation to the issue of the new mining licence in an amount greater than the sum referred to in the next clause and agrees that no compensation for impairment or extinguishment of native title or otherwise resulting from the issue of the mining licence will be claimed in excess of that amount.

4. If a determination is made that native title exists in the land over which the new mining licence is granted, the State/Territory will pay to the persons identified by that determination as the native title holders a sum equal to the royalties it has received pursuant to the new mining licence. However, no moneys will be payable by the State/Territory to the native title claimant until a final determination that the native title claimant holds native title is made.

5. The native title claimant warrants that to the best of the claimant's knowledge these terms are accepted and generally supported by the .................................................... (name of Aboriginal People) Aboriginal People.

6. If the native title claimant is found to be a native title holder pursuant to a final determination of native title, this agreement shall also take effect pursuant to s.21 of the Native Title Act 1993 (Cth).

7. If the native title claimant is found not to be a native title holder, then this agreement takes effect as agreed amongst the parties.

IN WITNESS OF their agreement the parties have signed their names and affixed their seals


Signed, sealed and delivered by
..................................................................................... (name of Minister),
Minister for .................................................................................. (name of Ministry) for and on behalf of the State/Territory of ......................................................................... (name of State/Territory)
in the presence of: ................................................................................. (witness).



Signed, sealed and delivered
by .................................................................................... (name of claimant) on behalf
of ..................................................................................... (name of Aboriginal People) Aboriginal People
in the presence of: ................................................................................. (witness).