Summary of contract

• Negotiation, representation, and other relevant context

  This is an agreement between the Dja Dja Wurrung people and the Prospectors & Miners Association of Victoria (PMAV). The Dja Dja Wurrung people appointed the Dja Dja Wurrung Clans Aboriginal Corporation to perform administrative functions under this agreement (Arts. 2.4 and 9). PMAV is an organization that represents the interests of prospectors and smaller-scale miners operating in Victoria (Arts. 2.5 and 9). The Dja Dja Wurrung people and PMAV acknowledge that they have had independent legal advice with respect to all aspects of the agreement (Art. 26). An applicant to a mining license can exercise its rights and obligations under the mining license after it satisfies the conditions in this agreement and executes the deed to become a miner. The Dja Dja Wurrung people agree that a breach of the agreement by any party does not nullify its consent to the grant and use of the mining license (Art. 2.2.3). The agreement sets out the terms and conditions for the grant and use of the mining license, which will also bind the miner once the miner executes the deed (Art. 2.10). The miner is subject to the rights and obligations in the agreement to gain access to and conduct small-scale mining (Art. 3). The miner must provide the benefits set out in the agreement as full compensation to the Dja Dja Wurrung people for any impact of the mining license. The benefits are in full and final satisfaction of any liability and no further compensation is payable by the miner for the effect of the mining license. The Dja Dja Wurrung people will refund the benefits if the government decides not to grant the mining license and the miner surrenders the license (Art. 4). Schedule 4 of the agreement contains a template deed of assumption by an applicant for a mining license. Schedule 5 contains a template license confirmation letter.

• Governance, implementation, dispute resolution

  A mining license may be granted if an applicant to a mining lease executes a deed and/or satisfies the following conditions: the applicant notifies the Dja Dja Wurrung Clans Aboriginal Corporation that it intends to execute a deed, the Dja Dja Wurrung Clans Aboriginal Corporation issues a tax invoice, the applicant provides in full the benefits referred to in art. 4 of this agreement, and the Dja Dja Wurrung Clans Aboriginal Corporation acknowledges receipt of the benefits (Art. 2.8). The miner must immediately advise the Dja Dja Wurrung people and the Prospectors & Miners Association of Victoria (PMAV) when the mining license has been granted (Art. 10.3). If a dispute arises, the Dja Dja Wurrung people and PMAV will first hold discussions in good faith in an effort to resolve it directly. If the dispute is not resolved within 28 days of notice of the dispute being given, the Dja Dja Wurrung people and PMAV will attempt to resolve it with the assistance of a mediator. The mediator is an independent expert and not an arbitrator, who will provide the parties with a report. If the dispute is not resolved it will be settled by an arbitrator. The decision of the arbitrator is binding upon the parties, but if a binding arbitration decision has not been given the Dja Dja Wurrung people and PMAV have the right apply for any other order, relief or remedy available to them at law or in equity (Arts. 13, 14). PMAV and the miner can assign or transfer its rights and obligations only to a person who agrees to execute a deed under which it is bound by the agreement (Art. 17). Any communication, notice or request must be in writing and signed by the party giving it (Art. 32).

• Fiscal obligations: content

  A miner who obtains a mining lease and executes a deed satisfying the terms of this agreement shall pay to a trust account that is established on behalf of all the members of the Dja Dja Wurrung people: (a) a one-off mining license access fee of AUD $500 plus General Service Tax (GST) for each year the license is granted for and (b) an upfront fee of AUD $1,250 (plus GST) for any subsequent renewal of the license for a term of no less than 5 years or an upfront fee of AUD $250 (plus GST) for each year a renewal of the license is granted. The one-off access fee is to be paid before the grant of the mining license by the government and the Dja Dja Wurrung will refund it in full (less a 10% administration fee) if the government does not grant the mining license to the miner. Both fees will be increased annually according to the CPI rate (Schedule 2, Art. 1). The miner shall pay AUD $495 (plus GST) for a maximum 1 day one off site inspection of the license area where cultural heritage is discovered (Schedule 3, Art. 12.2).

• Environmental and social protection

  Subject to various obligations and requirements, a miner who obtains a mining lease and executes a deed satisfying the terms of this agreement shall not hinder, and will minimize interference with, the entry, occupation, and use of the mining license area by members of the Dja Dja Wurrung people. The miner agrees to conduct small-scale mining in accordance with the environmental guidelines and applicable law (Schedule 2, Arts. 2, 3). The Dja Dja Wurrung Clans Aboriginal Corporation appointed a cultural heritage coordinator to act on their behalf with respect to cultural heritage management. The coordinator will nominate a monitor as the appropriate aboriginal person for the miner to deal with for consultations regarding the miner’s work plan, monitoring of the license works, and discovery of aboriginal objects or human remains, among other issues. If the monitor and the miner agree, the miner will engage a cultural heritage consultant to assist the parties to meet the obligations under the Heritage Act. (Schedule 3, Art. 4). The applicant to a mining license will provide the monitor a copy of the draft work plan and the monitor will conduct an inspection to the site to determine if the work plan affects any aboriginal place, object or human remains (Schedule 3, Art. 5). If the miner finds an object suspected to be aboriginal, the miner will report it to the authorities, stop working in the immediate area, and notify the coordinator and the monitor, who will determine if the object is aboriginal (Schedule 3, Art. 7). If the miner discovers human remains the miner will report it to the police and stop working in the immediate area. If the police determined that the discovery is human remains, the miner will notify the monitor, who may request to cease the mining works where no significant greater cost or inconvenience is likely (Schedule 3, Art. 8). The miner will use its best endeavors to ensure that its employees are given appropriate instruction to ensure compliance with the Heritage Act and to foster good relations with members of the Dja Dja Wurrung (Schedule 3, Art. 10). Schedule 6 of the agreement contains a template of the report to be presented by the monitor in case of inspection.

• Transparency or confidentiality

  If the Dja Dja Wurrung people or the Prospectors & Miners Association of Victoria provides information to the other party to the agreement and requests confidentiality, such information will be treated as confidential. Information given to the miner concerning aboriginal places, objects or human remains that is identified by the cultural heritage coordinator is confidential. In certain circumstances, confidential information can be disclosed to a limited range of people, including each party’s officers or advisers, or certain other entities (Art. 15).

  The Dja Dja Wurrung people and the Prospectors & Miners Association of Victoria agree to register the agreement with the Native Title Registrar according to the law (Art. 8).

  A miner who obtains a mining lease and executes a deed satisfying the terms of this agreement shall promptly provide to the Dja Dja Wurrung people copies of its mining licence, any consent in relation to small scale mining, and information that they reasonably request which relates to small scale mining or the miner’s obligations under the agreement (Schedule 2, Art. 4).

• Other noteworthy clauses

  The Dja Dja Wurrung people will not take any action which challenges or disputes the validity of the agreement or any mining license or permission granted by the government (Art. 16).