Section 31 Agreements

Rather than utilising the expedited procedure, some permit applicants and native title parties may prefer to negotiate an agreement under section 31 of the Native Title Act 1993 after the expedited procedure is commenced for the grant of the exploration permit.

If an agreement is reached, the State will withdraw the permit application from the Expedited Procedure and, if granted, the permit is not subject to the Native Title Protection Conditions.

The position of the State in relation to an agreement is as follows:

• responsibility for the negotiation and completion of any agreement lies solely with the applicant and all the native title parties;
• the agreement is to be finalised and executed by all the relevant parties within 4 months after the notification day and then by the State; and 
• the agreement places no obligations upon the State and must not fetter any decision the State or its representatives make under statute.

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