Summary of contract

• Negotiation, representation, and other relevant context

  The agreement is a template acceptance contract and companion to the Arabunna Indigenous Land Use Agreement (ILUA) of 2003. The acceptance contract allows for an explorer to enter into an accepted exploration contract by executing the acceptance contract and complying with the provisions of the framework ILUA. The accepted exploration contract provides for the carrying out of authorized exploration activities under the authorized exploration tenements. When the explorer executes the acceptance contract, the accepted exploration contract comes into force between the explorer, the native title parties (who are the two representatives registered as native title claimants for and on behalf of the Arabunna native title claim group), the Ularaka Arabunna Association Inc, the Minister for Mineral Resources Development, and the South Australian government (Recitals). The acceptance contract is made by the explorer ‘in favor’ and for the benefit of the native title parties, the association, the Minister, and the State (Art 3). The acceptance contract contains no substantive clauses other than, effectively, signature pages and the conditions of the accepted exploration contract.

• Governance, implementation, dispute resolution

  Once this contract is entered into, the explorer is bound by the accepted exploration contract (Art 1). The accepted exploration contract is effective when the acceptance contract is: (i) completed and signed; (ii) the explorer has registered the document under the Mining Act, or if not required to register under the Mining Act, has provided a copy of the document to the Minister; and (iii) the explorer has notified the indigenous parties that the document has been signed and has provided them with a copy, and if applicable, evidence of registration under the Mining Act (art 2).