AN APPLICATION OVER LAND WHERE NATIVE TITLE RIGHTS AND INTERESTS ARE AFFECTED

The State considers whether, taking into account the Native Title Protection Conditions (NTPCs), the grant of the EP attracts the expedited procedure under s237 of the Native Title Act.

NO

If notice does not include a statement that the government considers the act is an act attracting the expedited procedure - then s31 - Normal Negotiation Procedures will apply.

YES

YES

Public Notification Advertisement Grantee must notify the public in a determined way (s252) generally done by publication in newspaper. The Department may assist the applicant by preparing draft public notifications to be placed at the cost of the applicant.

Written Notice to Parties affected The government party must give notice to: 1. any registered native title body corporate 2. any registered native title claimant 3. any representative Aboriginal/Torres Strait Islander body 4. the applicant 5. registrar of the arbitral body

s31 Normal Negotiations

A native title party, within 4 months of the notification day, can lodge an objection with the arbitral body (National Native Title Tribunal) against the inclusion of the statement that the act is one which attracts the expedited procedure process under s237.

Agreement under Section 31 of the Act as an Alternative to the Native Title Protection Conditions a) The responsibility for the negotiation and completion of any agreement would lie solely with the applicant and all the native title parties; and Unless there is an objection, the agreement would have to be finalised and executed by all the relevant parties within 4 months after the notification day; and The agreement must put no obligations upon the State and must not fetter any decision the State or its representatives make under statute; and If all of the above criteria are satisfied then the State would agree to withdraw the notice that the expedited procedure apply and, if granted, the exploration permits would not be subject to the Native Title Protection Conditions.

b)

No objection or objection withdrawn

Objection lodged

c)

d)

NNTT to determine whether the act attracts the expedited procedure (s32(4)).

If s29 Notice requirements (inclusion of statement re act attracting expedited procedure) held to be valid by NNTT proceed to grant tenement (s32(2)).

If the NNTT decides that the act is not an act which attracts the expedited procedure, (s31(1)) applies as if the notice did not contain the statement. Then s31 Normal Negotiation Procedures will apply.

Native title issues are resolved and if the Mineral Resources Act 1989 provisions have been complied with, the exploration permit will be referred to the Minister for grant with the NTPCs as conditions of tenure (or replaced by a s31 agreement).

Section 29 Notices (Action) Section 29 Notices (Yes/Compliance) Section 29 Notices (Decision) Section 31 Normal Negotiations (Action)

Version 2.0 May 2007