Guidelines for Right to Negotiate submissions

Guidelines to assist the Grantee Party make a Submission for the proposed publication of a Section 29 Notice (“Right to Negotiate”) under the Commonwealth Native Title Act 1993 in relation to Applications for Mining Leases and Mining Claims in Queensland

You are requested to make a submission in order to assist the Minister for Natural Resources and Water decide whether, on behalf of the State, to commence the “Right To Negotiate”(RTN) in relation to your tenement application. This submission should include a detailed explanation covering all points. Failure to address points may delay the progress of your submission.  

Your submission will be treated with strict confidentiality and should be marked “commercial in confidence”.

You should contact your regional Native Title Case Officer before starting this process. Contact details are below.

Company/Individual Information

• Name of applicant (mining company or third party on whose behalf a grant is to be made) and the mining tenement application number.
• A brief history of the company/individual, in regard to past mining/exploration activity.
• A summary of the proposed project including any timeframes or other commercial activity which may impact on the issuing of the notice. Include proposed disturbance of land, development cost, anticipated job creation (during construction and development), and production rates of the proposed operation/project.
• Detailed current description of land subject to the proposed grant.
• The history of any previous negotiations with Native Title parties. These could include Indigenous Land Use Agreements, Cultural Heritage Management Plans and RTN agreements.
• Details of any company policies or procedures in regard to Indigenous activities.
• The name(s) and contact details for the person(s) who will be representing the grantee party in the negotiations. The nominated representative/s should have sufficient authority to make decisions.  This should also include relevant experience of the individuals or company involved in negotiations with indigenous parties.

Meeting and Negotiation Information

• It is recommended that you meet with the Native Title Representative Body for the area of the tenement application and the registered Native Title claimants/holders and/or their legal representatives, before the issuing of the RTN notice.
  • If these meetings have already taken place please supply details of meeting outcomes and contact details of the attendees.
  • If these meetings have not taken place please supply advice as to when you will organise these meetings.
  • Your regional Native Title Case Officer can assist you in organising these meetings and should be invited to such meetings.
• The purpose of these meetings is to establish the willingness of the parties to participate in RTN negotiations and achieve an outcome.

Understanding of Process

• It is important that you understand the RTN process and what is required for “good faith” negotiations.
• You should be aware that the RTN process has significant associated costs and you should supply the State with details of costs expended to date and a future budget for the proposed RTN process.
• You will also need to consider any compensation package that you will be taking to the negotiations.
• For more detailed information on the RTN process and “good faith” please refer to the National Native Title Tribunal.

State’s Position

• As the State is a party it is recommended that it be kept informed at all times of the progress of any meetings during negotiations.
• Please supply details on any previous meetings or contacts with the State on the matter.
• What role do you envisage for the State to play in any negotiations?  Please supply details of any areas where you believe the State may be able to assist.

If you have any queries or difficulties in relation to the guidelines, in the first instance contact your local Native Title Case Officer, details of which are below.  All completed submissions must also be forwarded to the relevant Native Title Case Officer. Please note that the officers listed below are staff of the Department of Mines and Energy (DME). Indigenous Services, Department of Natural Resources and Water has a Memorandum of Understanding with DME which states that these regional officers undertake the negotiation processes on behalf of the state for Right to Negotiation processes.

Contact Details:

Southern Region: Incorporating Brisbane and Quilpie

Brett Mackie
Coordinator Industry (Native Title)
Department of Mines and Energy
Location: 41 George Street, Brisbane QLD 4000
Mineral House, Floor 3
Phone: 07 3405 5599
Mobile: 0488 782 233

Central Region: Incorporating Rockhampton, Emerald and Winton Districts

Phone: 07 4938 4443
Moblie: 0417 786 998
Fax: 07 4938 4310

Northern Region: Incorporating Charters Towers, Mount Isa, Georgetown and Mareeba Districts

Tom Saunders
Native Title Case Officer
Department of Mines and Energy
Location: 28 Peters Street, Mareeba QLD 4880
Postal Address: PO Box 2266, Mareeba QLD 4880
Phone: 07 4048 4815
Mobile: 0428 103 645
Fax: 07 4092 4224
Email Tom Saunders 

Checklist

1. Have you contacted you regional Native Title Case Officer?
2. Have you contacted the local Native Title Representative Body?
3. Have you organised meetings with the Native Title claimants/holders and/or legal representatives?
4. Have you organised your negotiator/negotiating team?
5. Have you detailed company information for submission?
6. Have you organised costs and timeframes for the process?
7. Have you considered your offer to the Native Title parties?
8. Have you considered what will happen if no agreement is reached?

Last updated: 20 March 2009

Mining, exploration and petroleum

• Overview of native title processes
• Indigenous Land Use Agreement (ILUA) Projects
• Right to negotiate
• Expedited Procedure / Native Title Protection Conditions
• Alternative State Provisions (ASPs)
• History of native title processes for mining and exploration