The Territory Approach

2. The Territory Approach • Follow Commonwealth provisions of the Native Title Act • Use the fast-track exploration procedures • Build on the relationship between government, Representative Bodies and industry • (2) Representative Bodies • Support active negotiations and mediation

3. The Territory Approach • The Territory follows the exploration and mining provision in the Commonwealth Native Title Act to: -Notify parties -Follow a negotiation procedure -Execute the agreement to grant a valid title • The National Native Title Tribunal (the Tribunal) is the Arbitral body

4. The Territory Approach Build on relationships between government, representative bodies and industry photo

5. The Territory Approach Support active negotiations Important for parties to actively negotiate towards any native title agreement

6. Native Title in the Northern Territory Exploration and Mining Procedures Exploration Expedited Procedure Notifying Objections Mining Right to Negotiate Native Title Agreements Indigenous Land Use Agreements

7. RIGHT TO NEGOTIATE PROCEDURE EXPEDITED NORMAL MINERAL EXPLORATION MINING The Territory government applies the fast track procedure to mineral exploration licences. Native Title – Exploration and Mining

8. Native Title - Exploration Fast-track exploration • The Territory applies the expedited procedure • No native title backlog of exploration licence applications • No outstanding native title objections Map

9. Native Title – Exploration Notifying the Exploration Licence • Notice to native title party, native title representative body, the arbitral body and to the applicant • Notice in newspapers for both Native Title Act and NT Mining Act • 4 month notification period • If no objection is lodged can proceed to grant

10. Native Title Objection An objection can be lodged when there is a registered native title claim The grounds for objection are based on criteria as defined in the Act If no agreement is reached, the Tribunal makes a determination If expedited procedure applies – can progress to grant If expedited procedures does not apply – falls into “normal” right-to-negotiate procedure Native Title - Exploration

11. Native Title - Mining Right to Negotiate (normal procedure) • Right-to-negotiate procedure for mining • Negotiate an agreement to mine • The Territory government manages the process • The Tribunal can provide mediation and arbitration services • Negotiations in “good faith”

12. Native Title Agreement Generally agreement in two parts The native title parties and the grantee parties usually sign a commercial agreement – we call an Ancillary agreement All parties – government, native title and grantee – are signatories to the ‘Tripartite deed’ Once the Tripartite deed executed the mining tenement can proceed to grant Native Title - Mining

13. Indigenous Land Use Agreements

14. Indigenous Land Use Agreements • The tribunal checks an ILUA for registration • Registration includes a three month notification period • Once “registered” an ILUA the government can grant the licences and tenements specified in that agreement

15. Website www.minerals.nt.gov.au Manager Native Title & Land Rights Unit Pamela Hose 08 8999 5396 pamela.hose@nt.gov.au Director of Titles Jerry Whitfield 08 8999 5293 jerry.whitfield@nt.gov.au Contacts