Environment and Resource Management

Guidelines for right to negotiate submissions for petroleum

These guidelines are to assist applicants for an authority to prospect (ATP) and/or a petroleum lease (PL) to make a submission to initiate a right to negotiate process (RTN) under the Native Title Act 1993 (Cth) (NTA).

The RTN process

The assessment process

When an application for an ATP or a PL is received, a native title assessment is undertaken by Indigenous Services. Where it is established that a native title process is required before tenure can be granted, there are two options available for applicants under the NTA (NTA) an Indigenous Land Use Agreement (ILUA) or a RTN process. Applicants may choose which process they wish to undertake.

Understanding the RTN process

A RTN process commences with the publication of a section 29 notice under the NTA in relation to applications for an ATP and/or a PL in Queensland. These guidelines are provided to assist the applicant make a submission for the proposed publication of the section 29 notice.

Before you make your submission it is important that you understand the RTN process and what is required for “good faith” negotiations.

For more detailed information on the RTN process and “good faith” please refer to the National Native Title Tribunal.

You should be aware that the RTN process has significant costs associated with it. You will also need to consider any financial package that you will be contributing to the negotiations.

Your submission

You are requested to lodge a submission in order to assist the Minister for Natural Resources and Water to decide whether, on behalf of the State, to initiate the RTN process in relation to your ATP or PL application. The submission should include a detailed explanation covering all points as set out below. 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”.

We recommend that all applicants contact Indigenous Services before making a submission however if this will be the first time you have undertaken a RTN process we strongly recommend you make contact with the Petroleum Team. Contact details are set out below.

The submission should contain the following information

1. Information about the petroleum company/individual including

  1. Name of applicant (petroleum or gas company or third party on whose behalf a grant is to be made) and the petroleum tenure application number.
  2. A brief history of the company/individual in regard to past exploration/production activity.
  3. A summary of the proposed project including any timeframes or other commercial activity which may impact on the issuing of the notice including any proposed disturbance of land. In the case of a PL, please include development costs.
  4. Your proposed expenditure for the exploration phase.
  5. A general description of the land that is subject to the proposed tenure, if known. For example the ATP will cover mainly pastoral leases.
  6. The history of any previous negotiations with native title parties, if any. These could include previous ILUAs, Cultural Heritage Management Plans (CHMPs) or RTN agreements.
  7. Details of any company policies or procedures in regard to Indigenous activities, if any.
  8. The name(s) and contact details for the person(s) who will be representing the grantee party in the negotiations It is recommended that nominated representative/s have sufficient authority to make decisions during negotiations. You should also include any relevant experience of the individuals or company involved in negotiations with Indigenous parties.

2. Information about meetings with native title parties

It is recommended that you meet with the Native Title Representative Body (NTRB) for the area of the tenure application and any registered native title claimants/holders and/or their legal representatives, before making your submission. Native Title Representative Bodies contact details.

If you do not know who the registered native title claimants/holders are, you should contact the National Native Title Tribunal.

The purpose of these meetings is to provide an opportunity for parties to share information about the proposed negotiation process and to establish the capacity of the parties to participate in RTN negotiations and achieve an outcome.

In these initial meetings, there are several matters you may wish to discuss which may assist in developing your submission and in future negotiations. These include:

Indigenous Services may be able to assist you in organising these meetings and you may wish to invite a representative of Indigenous Services, representing the State, to such meetings.

In your submission you will need to provide the following information:

  1. Details of meeting outcomes that have taken place with either the NTRB or the registered native title claimants/holders and/or their legal representatives, and details of the attendees.
  2. If no meetings have taken place please advise when you propose to undertake these meetings.
  3. Details of costs expended to date and a future budget for the proposed RTN process.

3. The State's position

It is a requirement under the NTA that the State is a party to the negotiations. Indigenous Services must be kept informed at all times of the progress of any meetings during negotiations.

  1. Please supply details on any previous meetings or contacts with the State on the matter.
  2. Please supply details of any areas where you believe the State may be able to assist.

Other matters to consider

Indigenous cultural heritage

Maintaining and protecting cultural heritage is very important to Aboriginal and Torres Strait Islander people. Most RTN Agreements include a CHMP to ensure the continued protection of cultural heritage values in the land. The Aboriginal Cultural Heritage Act 2003 provides information about your duty of care in protecting cultural heritage in Queensland.

Further information about cultural heritage can be found on this website. Alternatively, you can contact the Cultural Heritage Coordination Unit on (07) 3238 3838.

The agreement

The expected outcome for RTN negotiations is a section 31 agreement, also known as a RTN agreement. Indigenous Services has recently developed a draft template RTN agreement for petroleum which parties may agree to use to save time. If you think this may be of use in negotiations, please contact the petroleum project team to discuss.

It is possible for a RTN agreement to cover both an ATP and a future PL over the same area. This is known as a conjunctive agreement. These agreements need to provide the native title parties' consent to both the ATP and any other future act, including a PL.

Contact Details

If you have any queries or difficulties in relation to the guidelines please contact the Petroleum Project Team in Indigenous Services, details of which are below. All completed submissions must also be forwarded to the Petroleum Project Team.

Senior State Negotiator
Negotiations Unit
Resource and Land Dealings
Indigenous Services
Level 4, Landcentre
Cnr Main & Vulture Street
Woolloongabba QLD 4102

Phone: (07) 3896 3381
Fax: (07) 3896 3281

Postal Address

Locked Bag 40
Coorparoo Delivery Centre QLD 4151

Checklist

Have you included the following information in your submission:

  1. Have you contacted the Petroleum Project Team at Indigenous Services?
  2. Have you provided all the information requested about the Petroleum Company?
  3. Have you organised your negotiator/negotiating team?
  4. Have you considered costs and timeframes for the process?
  5. Have you contacted the appropriate NTRB?
  6. Have you organised meetings with the native title claimants/holders and/or their legal representatives?
  7. Have you considered what you may be able to offer the negotiations with the native title parties?
  8. Have you considered what will happen if no agreement is reached?

Last updated: 20 March 2009

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