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Access Clearance and Native Title Mining Agreement
|Sub Category:||Template Agreement | Future Act Agreement (Native Title Act)|
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|Subject Matter:||Mining and Minerals | Exploration | Access | Compensation | Future Act|
|The Access Clearance and Native Title Mining Agreement is a template Future Act Agreement provided by the National Native Title Tribunal (NNTT). |
It is envisaged by the NNTT that these agreements will be used to assist Indigenous and non-Indigenous Australians to negotiate Future Act Agreements that can be tailored to their specific needs and circumstances.
The Access Clearance and Native Title Mining Agreement is designed to be used for negotiations between a mining operations explorer ('explorer') and native title claimant groups ('claimants'). The template agreement outlines preliminary matters, including:
(a) stipulating the relevant Native Title Representative Body;
(b) prescribing that the explorer's obligations under the Agreement are not dependant on the native title claimant groups establishing native title; and
(c) outlining the relevant authorisations and obligations under various state and commonwealth mining operations legislation, including in relation to the protection of Aboriginal Heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).
The template agreement covers areas including:
(a) the period that the Agreement operates for;
(b) the explorer's Access Clearance to enter the agreement area, including that a 'clearance officer' should be appointed to liaise between the claimants and the explorer on the issue relating to that access;
(c) that a Scouting Team, containing traditional owners, must be appointed to carry out an Access Clearance survey;
(d) that after the Access Clearance survey is complete, the explorer must lodge for registration as a native title mining agreement for mineral exploration a copy of the Agreement;
(e) undertakings by the explorer on the conduct of their mining exploration operations;
(f) that there is no obligation on the part of the claimants to disclose any cultural information;
(g) payments made to the claimants; and
(h) confidentiality provisions.
|The NNTT has issued template agreements covering six categories, being:|
1. Future Act Agreements
2. Intra-Aboriginal Agreements
3. Mediation Withdrawal Agreements
4. Negotiating Framework Agreements
5. Pastoral Agreements
6. Reconciliation Agreements Principles.
Please see the 'Template Agreement' link at the bottom of this page for further information.
Please see the National Native Title Tribunal's DISCLAIMER in relation to these agreements.
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