In consideration of the Applicants' covenants, the Managers agree that they will not manage the Area in such a way as to deny or hinder access to the Area for <name> people and agree that the <name> people will be entitled to use the Area for their traditional pursuits and for the education of young <name> people.

Both parties will hold confidential to the parties any information gained and statements made during the course of their discussions about the claim area and will not make such information or statements known to any others outside the parties in such a way as to generate conflict between the parties or impair a successful Determination of Native Title.

The Explorer undertakes to consult with the Applicants and the Managers before commencing any works in the Area under its Exploration Licence and to have regard to the concerns of the Applicants and the Managers in relation to rehabilitation following any exploration work in the Area.

The Managers undertake to consult the <name> people about the management of the Area and for that purpose agree to have regard to the views of a consultative committee of three representatives of the <name> people (the Committee) agreed by the Applicants and the Managers in relation to the management of the Area. No person will be both a member of the Committee and an employee of the Managers at the same time.

"Aboriginal" means a person who is a member of the Aboriginal race of Australia.

"Aboriginal object" means an object of Aboriginal origin which is of sacred, ritual or ceremonial importance and includes any "Aboriginal object" as defined in the <name relevant Act>.

"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.

"Applicable Laws" means every law and regulation (whether of <name of State/Territory> or the Commonwealth) from time to time in operation in <name State/Territory> which is applicable to the Project.

"Area of Significance" means an area of land within the Tenement Land which is of cultural, social or spiritual significance to Aboriginal people traditionally responsible for that area and includes any "Aboriginal site" as defined in the <name relevant legislation> and "significant Aboriginal area" as defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth).

"Clearance Work" means the scouting, assessing and, where and to the extent appropriate, clearing of Work Areas by the Scouting Team pursuant to this Deed and includes all operations carried out by the Scouting Team or any member thereof in or towards compliance with <name> obligations under Clause <no.>.

"Development", in relation to minerals of possible economic interest, means all exploration, studies and investigations undertaken for the purposes of evaluating the development potential of those minerals.

"Environment" means all aspects of the surroundings of human beings, including the physical, biological, economic, cultural, aesthetic and social aspects; and "environmental" has a corresponding meaning.

"Environmental Assessment" means a written report:-

1. (1) evaluating and assessing the potential impact upon the environment (both within and outside the Tenement Land) likely to result from any proposal to recover minerals from any part of the Tenement Land (including any processing), and
2. (2) identifying measures and alternative measures, safeguards and standards for the protection of the environment and minimising the potential impact of the proposal to recover minerals (including any processing).

"Final Agreement" means the Agreement formally ratified and signed by the Parties at the end of this negotiating process.

"Lease" means the lease of the Land to be entered into between the Minister for <name> as lessor and the Minister as lessee for use as an <the venture> ;

"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.

"Management Agreement" means the formal management agreement to be negotiated and agreed between the Parties to reflect the terms set out in this Heads of Agreement and such other matters as the Parties consider appropriate for inclusion within the document;

"Manager" means the natural person engaged from time to time by the Exploration Company who has principal operational responsibility for the supervision and implementation of the Project for and on behalf of the Exploration Company.

"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.

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

"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.

"Project Crew" means all persons engaged by the Exploration Company to undertake Works within the Tenement Land, including its employees, servants, agents, contractors and sub-contractors.

"Project Officer" means the Manager or the senior field geologist employed by the Exploration Company as part of the Project Crew, to whom reference is made in paragraph <no.> of this Deed.

"Tenements" means Exploration Licence No. <no.> and includes any other exploration authority from time to time granted to the Exploration Company in relation to the Tenement Land or any part of it.

"Term" - This Deed shall commence on the date hereof and shall continue until the expiry of <no.> years after the termination or relinquishment of the last Tenements in relation to the Land or any part of it held by the Exploration Company.

"Traditional Owners" in relation the Tenement Land means Aboriginal people who have in accordance with Aboriginal tradition, social, economic or spiritual affiliations with, and responsibilities for that land or any part of it and includes members of <name>.

Work Areas means the specific, individual locations within the Tenement Land at or under which the Exploration Company proposes or may hereafter propose to carry out Works pursuant to the Tenements, including:-

1. those locations within the Tenement Land identified on the 1: 100,000 maps to be provided by the Exploration Company in accordance with subclause <no.>;
2. all proposed access routes to the Tenement Land (other than roads gazetted as public roads) and all proposed airstrips outside the Tenement Land (other than existing airstrips);
3. any locations, access routes or airstrips which may for the purposes of paragraph <no.> be identified by the Scouting Team (and approved by the Project Officer) as alternatives to those proposed by the Exploration Company in respect of which clearance is withheld or to be withheld in accordance with Clause <no.>; and
4. any locations, access routes or airstrips which may be proposed by the Project Officer to the Scouting Team in the course of the Clearance Work as substitutes for those referred to in paragraph (a) or (b).

"Works" means all survey, drilling, geophysical and/or Geological sampling and/or testing work and any other ground disturbing activity intended to be carried out by the Exploration Company on or under the Tenement Land, including reconnaissance surveying, pegging. marking the ground, digging, blasting, removing soil, rocks or vegetation, grading, gravel extraction and the construction and/or use of access roads and tracks, camp sites, air strips, helicopter landing sites, bore sites, drill sites, borrow pits, recreation areas and other Work Areas and including such other activities as are within the definition of "mining" or "mining operations" in the Mining Act and "Work" shall have a corresponding meaning.

In this agreement unless the contrary intention appears:

1. the word person includes a body corporate, statutory corporation, an unincorporated association or an authority and a reference to a gender includes each other;
2. the singular includes the plural and vice versa;
3. 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;
4. 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
5. 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.

Disputes between the Aboriginal parties in relation to the claim and other land matters will only be raised within the two parties at a meeting of the parties called for that purpose and, where possible, resolution will be sought through the consensus of the two parties after discussion.

If a consensual resolution is not obtainable then an independent mediator agreed to by both Aboriginal parties will be appointed to mediate the dispute.

Disputes will be dealt with according to this Memorandum of Understanding and will not be raised in any manner or in any forum other than that set out herein or in such a way as to impair a successful Determination of Native Title.

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.

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.

In the event of any dispute about access to or use of the Area between the Committee, the Aboriginal Corporation <or etc (other parties if applicable)> which cannot be resolved by discussion locally, it shall be referred to the <name>Council of Elders for the <name> Nation. This provision is binding only as between the <number of parties affected> named parties.

In the event that the applicants do not agree to accept the requirements of the State, or the State concludes upon the supply of the material that it is not satisfied of the requisite matters then the parties agree to refer the materials and any additional materials which they seek to rely upon to an independent evaluator agreed by the parties, or in default of agreement, nominated by the President of the Tribunal. Such evaluator may be a person who is a member of the Tribunal but shall not be a member who is involved as a mediator in relation to this application. The evaluator will convene a meeting of the representatives of the parties and after considering the material provided, and any other submissions made, will decide whether or not in his or her opinion the applicants have shown that they can make out a prima facie case for the existence of native title at common law. In doing so, the evaluator will not have regard to any issue of possible extinguishment of native title by prior inconsistent dealings.

In the event that there is a difference of view between the Managers and Committee, they will negotiate in good faith to try to resolve the difference and in the event that it is unable to be resolved by negotiation will appoint a mediator agreed by both the Managers and the Committee and in default of agreement, two people, one appointed by the <name of independent group/agency> (or their successors) the other by the Chairperson of the Land Council (or their successors).

"to assign" means to sell, assign, transfer, convey or otherwise dispose of.

We agree to settle any disputes we may have between clans over land matters in the following way:

• first, the elders of the clans in dispute will meet and try to settle the dispute themselves;
• if the elders of the clans can't resolve the disputes a Council of Elders will mediate the dispute;
• if the Council of Elders can't settle the dispute, the clans in dispute will refer the dispute to an inexpensive arbitrator who will make a final decision which the clans in dispute will agree to abide by.

<company> will co-operate with the <name of Aboriginal Corporation> in the development of a comprehensive employment and training strategy to be developed with the assistance from DEET funding. The objectives of the strategy will be the employment of <name> people in jobs created by the <company> project (including contractors). This strategy to be in line with the affirmative action requirements of state anti-discrimination legislation. To commence immediately.

Options which may be discussed under the preceding sub-clause will include the possibility of traditional owners forming joint ventures with existing <name of industry> companies, acquiring leases/permits/licences on the open market or new leases/permits/licences and other matters incidental to such activities that are consistent with the interests of the traditional owners and the <name> industry.

The parties agree to promote and participate in discussions involving the State and Commonwealth Governments, other relevant traditional owners of waters north and south of <area> and other authorities with a view to developing options for participation by traditional owners in commercial benefits to be derived from participation in the <name> industry in the waters of the region.

The Shire commits itself in principle to supporting the economic aspirations of the Aboriginal people and recognises that their economic development will be of benefit to the economy of <name of town> as a whole.

The <name> community will not take action, whether direct, legal or political action to stop the <company> project either permanently or temporarily.

<company> will co-operate with the <name of Aboriginal Corporation> in the undertaking of a comprehensive economic development strategy for enterprise development. Funds will be sought through the<source of funding> for an enterprise development strategy which will identify opportunities that might be created for the <name> community as a whole or for individual members of the <name> community through links with the <company> project. This is to include investment by <company> of $<amount> in dollar for dollar joint ventures with the <name of Aboriginal Corporation> in commercially viable projects over the next <no.> years.

The Working Group and the Shire commit themselves to the development of greater community understanding of Aboriginal culture in the <name of region> region and increasing opportunities for cultural tourism.

The State will supply to the applicants a written statement of the matters of which the State would need to be satisfied in order to agree to an agreement/determination of native title and the process by which the State would be so satisfied including:

• the form of the material to be supplied;
• the content of the material to be supplied;
• the criteria by which the State will assess the material supplied;
• the persons who will undertake the assessment; and
• the process by which the State will decide of these specified matters

In consideration of the Applicants' covenants, the Managers agree that they will not manage the Area in such a way as to deny or hinder access to the Area for <name> people and agree that the <name> people will be entitled to use the Area for their traditional pursuits and for the education of young <name> people.

Each recognises and accepts that the requests of the other are reasonable and legitimate and they agree to co-operate with each other to achieve the desired outcomes

It is also agreed between the applicants and the State that any agreed determination of native title would be and could be expressed to be subject to existing valid laws of the Commonwealth and the State and any private rights that exist upon the land.

The Aboriginal people of <name of town> acknowledges the colonisation of the <name of town> area by non-Aboriginal people and respect the continuing rights and interests of all the people in the <name of town> community.

The Applicants acknowledge and agree to respect the rights of non-aboriginal people in and over the lands.

The rights recognised by this Interim Agreement are subject to and do not affect:

1. existing laws of the Commonwealth and the State of <name>;
2. existing powers and rights of the Shire of <name>;
3. existing private, legal and equitable rights in the <area> including <name> leases and pearling and fishing licences;
4. sustainable access to the <area> by members of the public for recreational purposes.

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.

We acknowledge that there may be Aboriginal people living on the <TRUST LAND> on "leases" which may not legally entitle them to stay there. We agree that the Aboriginal people living on these "leases" can stay there.

We agree that we will pursue native title rights of exclusive, possession, occupation, use and enjoyment for each clan to their clan estate, subject to:

The purpose of this agreement is to establish a basis, process and timetable for negotiating between the parties with a view to resolving <name of claim> without the need for proceedings in the Federal Court of Australia.

The <name> community will not take action, whether direct, legal or political action to stop the <company> project either permanently or temporarily.

Parties involved in the <industry> industry and the <AC> will enter into discussion about arrangements for the supply of <product> to <AC> for personal or communal traditional needs and for such other purposes as may be agreed.

The Aboriginal parties undertake to supply to the State and other parties a precise written statement of the native title rights and interests they would seek to have recognised in respect of the areas under claim and a statement of the ways in which they would seek to exercise those rights consistent with existing laws of the State and Commonwealth.

Disposition of interests within parts of and across the Region.

Arrangements under which coastal reserves in the <name of area> area would be the subject of joint management arrangements with the reserves vested in the Aboriginal Corporation, the Shire, or jointly in the Aboriginal Corporation, the Shire and/or the Department of <name of State conservation agency>.

Joint management agreements which will include as their objects:

• the protection and enhancement of Aboriginal traditions and values in relation to the land and recognition of their status as traditional owners of the land;
• the protection and enhancement of the coastal environment; and
• public access to and use of coastal areas in ways that are compatible with these objects.

The development of a planning strategy to be embodied in the town plan <name of town> which will identify:

• areas of land of special cultural significance to Aboriginal people;
• areas of land to be the subject of joint management arrangements; and areas of land subject to continuing development pressures in respect of which Aboriginal interests require specific recognition and protection.

The parties agree to act co-operatively in promoting with the State of <name> the establishment of a management plan and a joint management working group or similar body to deal with the resource and environmental management of <area> in ways which ensure that all future decisions pay due regard to the interests of the traditional owners.

The joint management working group, or similar body contemplated by the preceding clause will have objectives and terms of reference including the following:

1. the creation, promotion and maintenance of an appropriate balance between Aboriginal Cultural and Heritage protection, environmental protection, resource sustainability and sustainable economic development in the <area>;
2. the creation, promotion and maintenance of an appropriate balance between the needs of all users of the <area>;
3. compliance with the terms of all relevant international instruments affecting the <area>;
4. reconciliation between all users of the <area>:
5. creation of a marine conservation reserve within the <area>

The Applicants agree that their application for a native title determination in respect the Area not intended to and cannot affect:

1. the existing rights and powers of the Managers;
2. access to the Area and on and to the waters of the <name> River adjacent to Area by <relevant group> or other members of the public;
3. public access along existing roads between <relevant areas>;
4. public access to the riverbank within the Area for recreational purposes;
5. the <name of water supply> water supply;
6. any existing leases or renewal or extension thereof, in favour of <name of person or company/association>;
7. the existing rights conferred upon the Explorer by the Exploration Licence or renewal thereof which it holds in respect of the land.

The parties recognise that further detailed negotiations and discussions will take place in future to implement the various commitments that they have made in this Agreement. Nevertheless they intend the Agreement to have legal consequences and to be binding on them at this stage. They acknowledge that some of the commitments can only be expressed in general terms. Nevertheless they will act in good faith at all times to achieve the intent of the Agreement. However if any part of the Agreement is too uncertain to be legally enforceable or is unenforceable for any other reason, that part will be treated as excluded, provided the overall intention would not be defeated. Even though the part excluded may not be legally binding, the parties will nevertheless be guided in a spirit of good will by the intention expressed in the words excluded, and will seek to achieve it.

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.

This interim agreement is made as an act of good faith on all sides and is not intended to affect the legal rights, powers or obligations of any of the parties.

Whether or not the rights recognised by the parties to this agreement are eventually included in a determination of native title over the waters the subject of this agreement THE PARTIES AGREE that the native title rights will be exercised consistently with this agreement.

The Aboriginal people of <name of town> acknowledges the colonisation of the <name of town> area by non-Aboriginal people and respect the continuing rights and interests of all the people in the <name of town> community.

The arrival of non-Aboriginal people brought massive changes to this land and to its indigenous people. However the Shire acknowledges and respects their law, their customs and their traditions and their special relationship with the land. The Shire also acknowledges and respects the rights of the Aboriginal people to speak for their country and the duties imposed on them to look after their traditional country, in accordance with their laws, customs and traditions.

The parties commit themselves to seek together ways in which Aboriginal interests can be advanced where decisions are to be made about their traditional country.

The parties commit themselves to work together to ensure that this is done in a way that advances the interests of the whole community and promotes harmonious community interests.

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 Aboriginal parties commit themselves to seek together ways in which the interests of the Aboriginal parties can be advanced where decisions are to be made about the claim area and to work together in a way which promotes harmonious relations between the whole Aboriginal community of <name>.

The parties assert their desire to live and work in the <name town> community in a way that promotes mutual respect between Aboriginal and non-Aboriginal people and promotes harmonious community relations.

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.

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.

Each Aboriginal party undertakes to negotiate in good faith with the other with a view to achieving a sustainable agreement and a Determination of Native Title in relation to the claim

In any event, traditional <name of party> law and custom will be respected in all dealings between the two parties and members of each party will conduct themselves in accordance with such traditions and with respect and courtesy for members of the other party.

The Aboriginal parties have expressed their mutual wish to negotiate with one another and reach a cooperative agreement in relation to the conduct and resolution of the claim.

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.

This agreement is made to formalise principles and a process for the conduct of negotiations between the Aboriginal parties in respect of the Native Title Determination Application <no.> which was accepted by the National Native Tribunal on <date> ("the claim") and which relates to <name> at <location> ("the claim area").

Upon a successful agreement by all parties to the mediation process to a Determination of Native Title over the claim area, a native title corporation ("the corporation") will be established to hold native title over the claim area on behalf of the native title holders.

The arrival of non-Aboriginal people brought massive changes to this land and to its indigenous people. However the Shire acknowledges and respects their law, their customs and their traditions and their special relationship with the land. The Shire also acknowledges and respects the rights of the Aboriginal people to speak for their country and the duties imposed on them to look after their traditional country, in accordance with their laws, customs and traditions.

The rights of the traditional owners arising as an incident of their ownership, include:

For the purposes of the preceding sub-clause traditional commercial trading between Aboriginal groups is a "personal or communal traditional need".

The Shire acknowledges that the Aboriginal people are the original inhabitants of the <name of area> region, and that according to their continuing law, traditions and customs it remains their traditional country.

The <names> people are the traditional owners of the waters adjacent to the coast in the <name> area including the waters of <area>.

(a) All Parties to this agreement, save for the Explorer, acknowledge that the <name> people were the indigenous people to occupy the <name of area> (the Area) and other lands in and around <specify name of locality> (the lands) as part of the traditional area of the <name> and that, according to their traditional laws and customs, the common is part of their traditional land.

The Managers undertake to consult the <name> people about the management of the Area and for that purpose agree to have regard to the views of a consultative committee of three representatives of the <name> people (the Committee) agreed by the Applicants and the Managers in relation to the management of the Area. No person will be both a member of the Committee and an employee of the Managers at the same time.

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.

The purpose of this agreement is to establish a basis, process and timetable for negotiating between the parties with a view to resolving <name of claim> without the need for proceedings in the Federal Court of Australia.

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.

The Interested Parties acknowledge that the <names of clans> were the indigenous peoples that traditionally used the waters adjacent to the coastline near <town> (including <area>) and that according to their traditional law and custom the waters remain part of their traditional territory.

The Interested Parties acknowledge the responsibility of the Aboriginal people of <area> and particularly the <names> People to speak for and protect their traditional waters.

The Interested Parties to the agreement assert their desire to exercise their existing rights in the waters in a way that promotes the continuance of the traditional Aboriginal relationship with the waters and mutual respect and harmonious community relations between Aboriginal and non-Aboriginal people.

The <names> people, represented by <AC> have lodged the aforementioned native title determination applications with the National Native Title Tribunal by which they claim native title in and over the waters.

<AC>asserts the right of the Aboriginal people to use, enjoy and protect the coastal waters of <area> in a way that promotes the continuance of the traditional Aboriginal relationship with the waters and mutual respect and harmonious community relations between Aboriginal and non-Aboriginal people.

The purpose of this agreement is to establish a basis, process and timetable for negotiating between the parties with a view to resolving <name of claim> without the need for proceedings in the Federal Court of Australia.

(a) All Parties to this agreement, save for the Explorer, acknowledge that the <name> people were the indigenous people to occupy the <name of area> (the Area) and other lands in and around <specify name of locality> (the lands) as part of the traditional area of the <name> and that, according to their traditional laws and customs, the common is part of their traditional land.

All parties to this agreement acknowledge the responsibility of the <name> people to speak for and protect their traditional land and that the use and occupation of the land by permission of the <name> people given as at the date of this agreement.

In consideration of the Applicants' covenants, the Managers agree that they will not manage the Area in such a way as to deny or hinder access to the Area for <name> people and agree that the <name> people will be entitled to use the Area for their traditional pursuits and for the education of young <name> people.

The rights of the traditional owners arising as an incident of their ownership, include:

For the purposes of the preceding sub-clause traditional commercial trading between Aboriginal groups is a "personal or communal traditional need".

The Interested Parties enjoy certain rights and interests in the waters covered by the aforementioned native title determination applications.

For the purposes of this agreement, the traditional pursuits of the <name> people in relation to the Area are:

1. conduct of traditional ceremonies;
2. the collection for traditional medicines;
3. hunting for rabbit and kangaroo;
4. fishing in the <name> River;
5. gathering honey;
6. removal of bark from trees for artistic purposes.