A mining lease attracts the right to negotiate process under the Native Title Act 1993 (S31)
The applicants for a mining lease must negotiate in good faith, with a view to obtaining the agreement of each of the Native Title parties affected by the proposed grant. The department is also a negotiating party on behalf of the State Government.
If agreement is reached, it is likely to include heritage protection protocols and other benefits depending on the type of applicant (corporate or individual) and the extent of the project.
If the parties are unable to reach an agreement within the statutory six month minimum period of the original notice, any party may apply to the NNTT for a final determination as to whether the proposal may proceed. In addition, parties must demonstrate negotiations have been carried out ‘in good faith’ (s35 NTA).
Once agreement is made with native title party(s) a state deed must be executed and lodged with the department.