Summary of contract

• Negotiation, representation, and other relevant context

  This agreement is the Schedule 2 of the 2003 Antakirinja Indigenous Land Use Agreement (ILUA) and contains the exploration contract conditions that apply to any authorized explorer in the Antakirinja native title area. The parties to this exploration contract conditions are (i) the Attorney General on behalf of the Crown in right of the state of South Australia; (ii) the Minister for Mineral Resources Development; (iii) William Herbert Lennon, Ian Crombie, Keith Smith, David Brown, Herbert J. Lennon and Jean Wood as registered native title claimants for and on behalf of the Antakirinja Native Title Claim Group; (iv) the Antakirinja Land Management Aboriginal Corporation; and (v) the authorized explorer in the area. The native title claim group authorized the Antakirinja Land Management Aboriginal Corporation to enter into an exploration contract (Recitals, Art. 13). The parties acknowledge that this agreement is for exploration only and they are not granting to the explorer any production tenement or mining operations (Art. 4.3). Compliance with the terms and conditions of the accepted exploration contract is not a condition of any authorized exploration tenement (Art. 4.6). All persons holding native title in relation to the land and/or waters in the exploration area who are not members of the native title claim group are bound by the accepted exploration contract in relation to the land to which the accepted exploration contract applies (Arts. 4.7, 6.8). The Antakirinja Land Management Aboriginal Corporation is responsible for the administration of the accepted exploration contract on behalf of the native title parties (Art. 9).

• Governance, implementation, dispute resolution

  The Minister for Mineral Resources must notify the Antakirinja Land Management Aboriginal Corporation of the grant of any exploration tenement within the acceptance area, within 10 business days of that grant (Art. 11.3). The native title claim group and the native title claimants must not interfere with the explorer’s rights and must not make any objection to any grant of any exploration tenement to which the accepted exploration contract applies, except if the explorer has breached an essential term (Arts. 9, 10). If the explorer holding an exploration tenement breaches an essential term of the exploration contract conditions, the accepted exploration contract does not apply. Within 20 business days of becoming aware of that alleged breach, the native title claimants, the native title claim group or the Antakirinja Land Management Aboriginal Corporation have to give notice and require remedy to the explorer and the explorer has 20 business days to remedy. Article 14.4 sets out three examples of the application of the provisions related to breach of essential terms (Art. 14). The native title claim group and the native title claimants may make a submission to the Minister for Mineral Resources that any authorized exploration tenement be canceled or suspended if there is an alleged breach constituting non-compliance by the explorer with any provision of the Aboriginal Heritage Act (Art. 10). The Minister for Mineral Resources has to consider any native title claim group’s submission that an authorised exploration tenement be cancelled or suspended, and the Minister has to ensure that records are kept and maintained during the exploration period and for 6 years more, of any objection or submission (Art. 11). The native title claimants, the native title claim group and the explorer are can appoint up to 4 representatives each, to act as the primary point of contact for all purposes in connection with the exploration contract including compliance and consultation (Art. 15). The parties agree that they will make every effort to ensure that disputes do not arise and if they arise it will not be taken to litigation or arbitration (except litigation proceedings for injunctive, interlocutory or declaratory relief). If a dispute arises the complainant party will notify the other parties with which it has the dispute within 20 business day, then they will meet within 5 business days and will try to resolve the dispute within a further period of 10 business days. If the dispute is not resolved the parties in dispute will request the president of the Law Society of South Australia to appoint a mediator. If the dispute is not resolved it will be taken to an expert, who is not an arbitrator, and the expert’s determination is final and binding on the parties in dispute. Each of the parties in dispute will bear its own costs in relation to the expert’s determination, unless the expert determines a different distribution of the costs (Art. 16). The parties to this exploration contract agree to do all things and sign all documents necessary to give full effect to it and the transactions contemplated by it (Art. 19).

• Fiscal obligations: content

  The explorer must pay an acceptance fee of: (i) $8,000, if there are 3 or less authorised exploration tenements; (ii) $9,000, if there are more than 3 but less than 7 authorised exploration tenements; or (c) $10,000, if there are 7 or more authorised exploration tenements. The amounts must be paid free of exchange and without any deduction, set off or withholding (Art. 6). The payments have to be made to the “nominated body” that can be the Antakirinja Land Management Aboriginal Corporation (ALMAC), or, if nominated by the ALMAC, either a body corporate or a trust. Any payment to the nominated body is sufficient discharge of that payment as regards the native title claim group or the native title claimants (Arts 6). The parties agree that, if a goods and services, value-added or a comparable tax (GST) applies the amount payable by the recipient to the supplier in respect of the taxable supply does not include GST (Art. 18).

• Community development obligations: Local content

  The parties acknowledge that there are limited opportunities to employ people from the native title claim group during the exploration and that those opportunities are for people with specialist skills and training. The explorer must notify the native title claim group and the native title claimants of any job vacancy in relation to the exploration activities not less than 15 business days before applications for the vacancy are due, or not less than 2 business days before the activities relating to the vacancy are carried out, depending on the type of vacancy. Where it is both lawful and practical to do so, the explorer must give employment preference to a member of the native title claim group with the necessary skills and ability to carry out the relevant duties in a satisfactory manner. The explorer must provide to any employee that is part of the native title claim group similar on-job training to that received by any other relevant employee (Art. 12).

• Environmental and social protection

  The explorer can only carry out exploration activities in a land in respect of which the explorer: (i) has an authorization granted by statutory authority: (ii) has been issued a mapping authorisation to conduct a mapping survey in relation to the exploration land and the activities that the explorer will carry out on that land, or (iii) has complied with the provisions of the heritage clearance procedures and a clearance approval has been given. If the explorer identifies any site, object or remains which the explorer suspects may be an Aboriginal site, the explorer must promptly report the location and do not damage, disturb or interfere with the relevant object or remains. The explorer must use reasonable endeavors to ensure that the explorer’s employees, contractors, and subcontractors are aware and have an understanding of Aboriginal culture, including the significance of land and waters to Aboriginal people (Art. 5). The explorer acknowledges that members of the native title claim group have the rights to pursue customary and traditional activities on the exploration land. The native title claim group can use any roads and tracks constructed for the purposes of carrying out authorised exploration activities, subject to (i) control by the explorer for the purposes of safety, (ii) priority of use by the explorer for the purpose of carrying out authorised exploration activities, and (iii) without the explorer undertaking any liability for that use (Art 10).

• Transparency or confidentiality

  The exploration contract defines “cultural confidence” as any cultural information, including information held in an Aboriginal record, the disclosure of which is restricted or forbidden by Aboriginal tradition (Art 1). The government and the explorer must keep confidential all cultural confidence of which they become aware. The Government, the native title claim group and the native title claimants must keep confidential all information pertaining to the exploration activities which either designated as confidential by the person who discloses it or which is by its nature confidential (Art. 19).

• Reference to investor-state contract

  This exploration contract conditions correspond to the Schedule 2 of the Antakirinja Mineral Exploration Indigenous Land Use Agreement.