Checklist · Energy, Resources & Mining

Native title right-to-negotiate (s 31) agreement checklist

Step-by-step checklist for the Native Title Act right-to-negotiate process for a mining tenement: notification, timetable, good-faith negotiation, deed terms, arbitral determinations, and safeguards for cultural information.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when a tenement grant attracts the right to negotiate under Subdivision P of the Native Title Act 1993 (Cth). Do not use where the expedited procedure applies without objection, or where an indigenous land use agreement already covers the act; use the ILUA section instead.

How AI may be used

AI may keep the statutory timetable and summarise public register entries. Cultural, genealogical and site information must stay out of AI tools unless the native title party has given informed consent and its data protocols are met.

AI may

  • Calculate candidate dates from the notification day (3-month, 6-month) for the lawyer to confirm and diarise.
  • Summarise public National Native Title Tribunal register extracts into a party and claim table with source references.
  • Draft meeting agendas and a negotiation log template from the lawyer's notes.
  • Compare a draft deed against this checklist and list missing items.

AI must not

  • Must not receive sacred site locations, cultural knowledge, genealogies or confidential meeting records without the native title party's informed consent.
  • Must not characterise whether negotiations were in good faith or whether an act attracts the expedited procedure.
  • Must not draft benefit amounts or recommend a negotiating position.

The lawyer checks

  • The act is one to which Subdivision P applies and no ILUA or approved alternative state regime displaces it.
  • Every native title party has been identified from current registers, and the notification day is taken from the notice itself.
  • The authorisation and consultation steps required by the RNTBC's rules and the PBC regulations have been followed.
  • Any AI use complies with the native title party's data protocols and the firm's confidentiality obligations.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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