---
title: "Section 31 (right to negotiate) agreement: heads of terms"
url: "https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/section-31-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a36-section-31-agreement"
area_id: "A36"
kind: "agreement"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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,…

Canonical page: https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/section-31-agreement  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Native Title & First Nations Legal Work](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia.

## 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

## Authorities

- [Native Title Act 1993 (Cth) s 31 (normal negotiation procedure; good faith)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title Act 1993 (Cth) s 33 (negotiations may include profit, income or production payments)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title Act 1993 (Cth) s 35 (application for arbitral body determination after 6 months)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title Act 1993 (Cth) s 38 (kinds of arbitral body determinations)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title Act 1993 (Cth) ss 41 and 41A (effect of agreement; copies to arbitral body)](https://www.legislation.gov.au/C2004A04665/latest/text)
- [Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) regs 8 and 9](https://www.legislation.gov.au/F1999B00146/latest/text)

## Official form

[Official form](https://www.nntt.gov.au/future-acts/negotiations)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/section-31-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*