Summary of contract

• Negotiation, representation, and other relevant context

  This document is the Schedule 2 of the 2005 Gawler Ranges Mineral Exploration Indigenous Land Use Agreement and contains the exploration contract conditions that apply to any authorized explorer in the Gawler Ranges native title claim area who enters into an accepted exploration contract. The parties to this exploration contract conditions document are the Attorney General on behalf of the Crown in right of the State of South Australia; the Minister for Mineral Resources Development; Andrew Dingaman, Howard Richards, Elliott McNamara and Ken Smith as registered native title claimants for and on behalf of the Gawler Ranges native title claim group; and the authorized explorer in the area. The native title claim group authorized the native title claimants to enter into an accepted exploration contract that is consistent with the terms of this exploration contract conditions document (Recitals). This document is for exploration only and does not grant to the explorer any production tenement or the right to carry out 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). The parties acknowledge that all persons holding native title in relation to the land and/or waters in the exploration area who are not members of the Gawler Ranges native title claim group are bound by the accepted exploration contract in relation to the land to which the accepted exploration contract applies (Art. 4.7). By entering into the accepted exploration contract the native title claim group and the native title claimants do not acknowledge that any exploration activities previously carried out by the explorer will not have affected any native title in relation to land and/or waters (Art. 14.4). All communications among the parties under the accepted exploration contract will be in writing (Art. 18.1).

• Governance, implementation, dispute resolution

  If the Minister for Mineral Resources grants any exploration tenement within the acceptance area, the Minister must notify the native title claim group and the native title claimants of the grant within 10 business days (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 or is capable of applying, 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 and the native title claim group have to give notice to the explorer of the breach and that the explorer has 20 business days to remedy the breach. Article 15.4 sets out examples of the process that is followed for breaches of essential terms when the explorer does and does not remedy them (Art. 15). The native title claim group and the native title claimants may ask the Minister for Mineral Resources to cancel or suspend any authorized exploration tenement 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 the request by the native title claim group and the native title claimants and keep records of the objection or request until 6 years after the end of the exploration activities (Art. 11). The native title claimants, the native title claim group and the explorer are entitled to appoint 4 representatives each, to act as the primary point of contact for all purposes in connection with the accepted exploration contract including compliance and consultation. They agree that they will make every effort to ensure that disputes do not arise. If a dispute arises it will not be taken to litigation or arbitration (except litigation proceedings for injunctive, interlocutory or declaratory relief). Instead, the complainant party will notify the other parties with which it has the dispute within 20 business days, 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 by the mediator 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. 17). The explorer can assign its rights under the accepted exploration contract if they obtain the Minister’s consent and execute a deed of assumption consistent with the template deed in annexure D (Art. 20.6). Each party to an accepted exploration contract agrees to do all things and sign all documents necessary to give full effect to it and the transactions contemplated by it (Art. 20.10).

• Fiscal obligations: content

  The explorer must pay an acceptance fee of AUD$ 6,000 before carrying out the exploration activities. If the exploration tenement is the fourth or subsequent authorized exploration tenement, the acceptance fee that the explorer must pay is AUD$ 1,800. The amounts must be paid free of exchange and without any deduction, set off or withholding. The payments have to be made to the “nominated body” that can be either a body corporate or a trust nominated by the native title claim group and the native title claimants, or the native title claim group and the native title claimants themselves (Art. 6). The nominated body is the agent of the native title claim group and the native title claimants in relation to the exercise of any rights and any payment to the nominated body is considered to be a payment to the native title claim group or the native title claimants (Art 9.2). If a goods and services, value-added or a comparable tax (GST) applies, the amount payable does not include GST (Art. 19).

• Community development obligations: Local content

  There are limited opportunities to employ people, including people from the native title claim group, during the exploration. Those employment opportunities that do exist 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 or 2 business days, depending on the type of vacancy, before applications for that vacancy close. 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 the same on-job training as any other employee receives (Art. 13).

• Environmental and social protection

  The explorer can only carry out exploration activities on land in respect of which the explorer: (i) has an authorization granted by statutory authority; (ii) has been issued a mapping authorization 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 (annexed to this document as annexure A) and a clearance approval has been given. If the explorer identifies any site, object or remains which the explorer suspects may be Aboriginal, the explorer must promptly report the location and do avoid damaging, disturbing or interfering with the relevant object or remains. The explorer must use reasonable endeavors to ensure that its employees, contractors, and subcontractors are aware and have an understanding of the Aboriginal culture, including the significance of land and waters to Aboriginal people and their customary and traditional activities (Art. 5). The explorer must comply with all applicable laws and good minerals exploration industry practice including in carrying out any conservation, protection and rehabilitation of the environment. The the native title claim group and the native title claimants can notify the explorer of any environmental rehabilitation proposals to ensure that there will be no significant long term adverse effects caused by the exploration activities. The explorer will give due consideration to any such proposals (Art. 7). 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 authorized exploration activities but the explorer: (i) can reasonably control the roads or tracks for the purposes of safety; (ii) has priority of use for the purpose of carrying out authorized exploration activities; and (iii) does not undertaking any liability for that native title claim group’s use of the roads or tracks (Art 10).

• Transparency or confidentiality

  No party to the accepted exploration contract is allowed to make an announcement about matters the subject of the accepted exploration contract unless the announcement’s timing and content has been approved by every other party or is required by law (Art. 20.4). “Cultural confidence” means 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 (Art. 20.5(a)). The government, the native title claim group and the native title claimants must keep confidential all information pertaining to the exploration activities which either is designated as confidential by the person who discloses it or is by its nature confidential (Art. 20.5(b)).

• Reference to investor-state contract

  This exploration contract conditions document is annexed as Schedule 2 of the Gawler Ranges Mineral Exploration Indigenous Land Use Agreement.