Agreement · Native Title & First Nations Legal Work
Section 31 (right to negotiate) agreement: heads of terms
Original heads of terms for an agreement under section 31 of the Native Title Act between the government party, grantee party and native title party, covering consent, benefits, heritage protection, employment, governance, confidentiality and section 41 effects.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia
- 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 as a negotiating framework and term sheet when the right to negotiate applies to a future act such as a mining lease. It is not a final agreement and must be developed into a full agreement with the native title party's instructions and independent advice.
How AI may be used
AI may compare proposed terms with the client's own precedent bank and summarise notices into an issues table. Benefits, heritage protections and negotiating positions are decided by the native title party with the lawyer.
AI may
- Summarise the s 29 notice, project description and proponent's offer into a cited issues table
- Compare the proponent's draft with the native title party's own past agreements, if the party has approved that use
- Draft heads of terms clauses from settled instructions
AI must not
- Must not recommend payment levels or negotiating positions
- Must not use other communities' confidential agreements as comparators
- Must not process restricted cultural or site information
The lawyer checks
- Instructions come from the native title party through its proper decision-making process
- For a registered native title body corporate, reg 8 consultation and consent is complete and a reg 9 certificate prepared
- Heritage clauses work with the applicable State or Territory heritage law
- Timetable risks under s 35 (six months from notification day) are explained
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Native Title & First Nations Legal Work
- Native title determination application (claimant application, Form 1): completion guide
- Application to register an Indigenous Land Use Agreement: completion guide
- Objection to inclusion of the expedited procedure statement: lodgement guide
- PBC native title decision: consultation and consent record and reg 9 certificate checklist
- Indigenous Cultural and Intellectual Property (ICIP) and data sovereignty protocol for AI use
All precedents for Native Title & First Nations Legal Work · Tasks and AI use in this area