Equigold NL v The Wakka Wakka #2 People & the State of Queensland [2004] QLRT 129

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Equigold NL v The Wakka Wakka #2 People & the State of Queensland [2004] QLRT 129 `PARTIES: Equigold NL (Applicant) and The Wakka Wakka #2 People & the State of Queensland (Respondents) FILE NO/S: NTXP114/2004 PROCEEDING: Application for native title issues decision DELIVERED ON: 27 October 2004 DELIVERED AT: Brisbane HEARING DATE: 19 October 2004 PRESIDING MEMBERS: Koppenol P and Kingham DP ORDER/S: 1. Pursuant to s. 531 & s. 675 of the Mineral Resources Act 1989 (MRA), the Tribunal decides that the Mt Perry Forest Reserve should be included in the exploration permit EPM 10566 subject to contract conditions as set out in Appendix A. (at [14]) 2. The Registrar of the Tribunal is directed to provide a copy of this decision to the Minister for Natural Resources & Mines and draw to his attention, in particular, paragraphs [5] to [9]. (at [14]) CATCHWORDS: HIGH IMPACT EXPLORATION PERMIT – NATIVE TITLE PARTY – NATIVE TITLE ISSUES DECISION – ADDITION OF LAND – FOREST RESERVE – CONTRACT CONDITIONS – NATIVE TITLE PROTECTION CONDITIONS – RENEWAL OF EXPLORATION PERMIT Mineral Resources Act 1989, ss 176A, 422, 525, 531, 669, 675, 677 Nature Conservation Act 1994, ss 27 & 31 Nature Conservation (Forest Reserves) Regulation 2000 Aboriginal Cultural Heritage Act 2003, s.23 Petroleum and Other Legislation Amendment Act 2004, s. 275 Environmental Protection Act 1994, Ch 5 Part 8 -- 1 of 47 -- COUNSEL: Mr A. Preston for the Wakka Wakka #2 People SOLICITORS: Ms Z. Farmer for the Applicant Mr R. Beausang for the State of Queensland AGENT/S: N/A Introduction [1] This is an application for a native title issues decision under s. 675 of the Mineral Resources Act 1989 (MRA) as required by s. 531(d) of the MRA. The Applicant is the holder of an exploration permit for minerals (EPM 10566). Its term expired on 22 June 2004. On 24 May 2004, the Applicant applied to renew it. On 15 March 2001, the Applicant applied to include in EPM 10566 the Mt Perry Forest Reserve (described in Plan AP 6291). That land is the subject of a native title claim by the Wakka Wakka #2 People. The land is “non-exclusive” land (as defined in s. 422 of the MRA). On 10 August 2004, and in accordance with s. 669 of the MRA, the Applicant referred the application for the addition of land to the Tribunal for a native title issues decision.1 [2] Whilst the parties met on a number of occasions and discussed the matters covered in a proposed agreement tendered by the Applicant as exhibit 2 in these proceedings, agreement was not reached on some important matters. As such, exhibit 2 does not reflect an agreement between the parties.2 Of significance amongst the matters not agreed were the terms of the cultural heritage identification, protection and monitoring regime and whether the agreement extended to renewal of the exploration permit. [3] The hearing was conducted on 19 October 2004. On that day, we made the following orders: 1. With respect to the compensation trust decision, the parties are directed to consult the Mineral Resources Act 1989 and discuss between themselves the appropriate order that should be made and make any written submissions to the Tribunal by close of business Friday 22 October 2004. 2. With respect to the balance of the case, the Tribunal is minded to make an order in terms of Exhibit 2 but subject to the following. The parties are directed to discuss any amendments to Exhibit 2 that are necessary to reflect three things: i) That the Exhibit 2 document will be contract conditions as ordered by the Tribunal and not an agreement between the parties. ii) To delete all references to the renewal of the mining tenement. iii) To exclude from Exhibit 2 any clauses dealing with matters covered by the Native Title Protection Conditions and to substitute (by way of insertion into Exhibit 2) the Native Title Protection Conditions. The parties are directed to provide that document to the Tribunal by close of business Friday 22 October 2004. 1 The application to renew the exploration permit is not subject to the native title provisions of the MRA (s. 252 MRA). 2 On 19 October 2004, the Tribunal ordered that exhibit 2 be amended to reflect that it contained contract conditions imposed by the Tribunal and not an agreement between the parties. -- 2 of 47 -- Appendix A is Exhibit 2 as revised in accordance with those orders. [4] These are our reasons for the native title issues decision. The utility of the proceedings [5] The State raised the question whether there was utility in the proceedings before the Tribunal, given the status of the land. The Mt Perry Forest Reserve was declared on 10 November 2000.3 This is an interim step to its dedication as a protected area under the Nature Conservation Act 1994 (NCA). Depending on which type of protected area it is dedicated as, an exploration permit may or may not be granted over it. If it is dedicated as a national park, it cannot be the subject of an exploration permit.4 If it is dedicated as a resources reserve, it can.5 [6] The Petroleum and Other Legislation Amendment Act 2004 (POLA), which has been assented to but has not yet been proclaimed, amends the NCA to provide that an exploration permit cannot be granted over a forest reserve.6 [7] Further, the environmental authority (EA) for this EPM (M4938) requires compliance with the standard environmental conditions of the Code of Environmental Compliance for Exploration and Mineral Development Projects. Those conditions include a condition prohibiting the holder from carrying out activities in a “Category B environmentally sensitive area”. The Mt Perry Forest Reserve is listed in a table in the EA as such an area. [8] As the Applicant is currently prohibited from exploring the Mt Perry Forest Reserve by the terms of its EA, and given that the grant of an exploration permit over the reserve would be prevented by either the proclamation of POLA or the dedication of the reserve as a national park under the NCA, the State of Queensland questioned the utility of these proceedings. The Tribunal’s jurisdiction to make a native title issues decision has been invoked. There was no cogent evidence before the Tribunal either as to the government’s proposed timing for the proclamation of POLA or of the likelihood of the reserve being dedicated as a national park. Until either of those steps is taken, the Minister for Natural Resources and Mines is able to exercise his powers under s.176A MRA to add the Mt Perry Forest Reserve to the permit. [9] The native title issues decision by the Tribunal under s. 675 is a necessary pre- requisite to a grant over the Mt Perry Forest Reserve but does not deprive the Minister of his powers under s. 176A. If those powers are exercised before POLA is proclaimed or before the reserve is dedicated as a national park, then the grant can be made. Further, the EA can be amended to allow exploration activities in the Mt Perry Forest Reserve.7 It should be noted that the contract conditions imposed by this decision include provisions for consultation with the Wakka Wakka #2 People if an application is made to amend the EA. In those circumstances we do not consider the proceedings lack utility and have, accordingly, proceeded to make a native title issues decision. We consider it appropriate, nevertheless, to draw to the Minister’s 3 Nature Conservation (Forest Reserves) Regulation 2000. 4 s. 27 NCA. 5 s. 31 NCA. 6 s. 275 POLA. 7 Ch 5 Part 8 Environmental Protection Act 1994. -- 3 of 47 -- attention the status of the reserve so that these matters may be properly considered at the time the Minister is called upon to exercise his powers under s. 176A.8 Native Title Issues Decision [10] The Tribunal must make a native title issues decision to the effect that either the exploration permit may be granted, that it may be granted subject to conditions (either of the exploration permit or contract conditions), or that it should not be granted.9 In making its decision, the Tribunal must take into account a number of matters set out in s. 677. Of particular significance, given the lack of agreement between the parties as to the regime for cultural heritage identification, protection and monitoring, are the following provisions: “677 Tribunal’s native title issues decision (1) In making its native title issues decision, the tribunal must take into account the following— (a) the effect of the grant of the proposed mining lease on – … (v) the freedom of any of the registered native title parties to carry out rites, ceremonies or other activities of cultural significance on the land in accordance with their traditions; and (vi) any area or site on the land of particular significance to the registered native title parties in accordance with their traditions.” Native Title Protection Conditions (NTPC) [11] The Applicant proposed a set of conditions for cultural heritage identification, protection and monitoring that were included in exhibit 2 to the proceedings. The Wakka Wakka #2 People did not agree to those conditions and, during the course of their meetings with the Applicant, their representatives raised two other options: one required a comprehensive field survey and the other allowed cultural heritage monitoring of all exploration activities on the reserve. Whilst the Applicant initially agreed to the first of those options, that agreement was withdrawn. The State of Queensland supported the imposition of the Native Title Protection Conditions,10 negotiated between the State of Queensland and Queensland Indigenous Working Group (QIWG), as contract conditions. Neither the Applicant nor the Wakka Wakka #2 People requested the NTPC be imposed. [12] We accept the submission on behalf of the Wakka Wakka #2 People that conditions negotiated through QIWG do not bind them. Nevertheless, we note that the NTPC deal with all of the matters that both the Applicant and the Wakka Wakka #2 People sought to provide for through their respective options. It is significant that compliance with the NTPC is recognised as a means of fulfilling the cultural heritage duty of care imposed by the Aboriginal Cultural Heritage Act 2003.11 It is also significant that, whilst neither party produced evidence as to the cultural heritage significance of the reserve, both proceeded on the basis that a cultural heritage regime was appropriate. Further, its status as a Forestry Reserve would suggest that the land has not been subject to the type of extensive and intensive disturbance that is 8 The Tribunal is required to take into account any public interest in the proposed grant and any other matter it considers relevant (s. 677(1)(d) & (e)). 9 s. 675 MRA 10 See www.nrm.qld.gov.au/nativetitle/pdf/mining/ntpc_vn1.1a.pdf. 11 s. 23(3)(a)(v). -- 4 of 47 -- associated with agricultural or urban activities. In the circumstances of this case, and in the absence of any evidence to persuade us that different conditions should apply, we consider it appropriate to impose the NTPC as contract conditions. Accordingly, on 19 October 2004 we directed exhibit 2 be amended to delete clauses dealing with any matters dealt with by the NTPC and to insert the NTPC. Further Renewal of EPM 10566 [13] The Applicant sought to include as a contract condition the parties’ agreement to a future renewal of EPM 10566. The State of Queensland submitted that such a condition could not be included as any further renewal of EPM 10566 would be subject to Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth)12 not the MRA. The relevant provisions of the MRA do not apply to an application to renew an exploration permit made after 31 March 2003.13 The Applicant’s representative made no submissions to the contrary. We accept the State of Queensland’s submission and, on 19 October, we directed that exhibit 2 was to be amended to delete any agreement to the future renewal of EPM 10566. Orders [14] Having regard to the foregoing, the orders that we make are as follows: 1. Pursuant to s. 531 & s. 675 of the Mineral Resources Act 1989 (MRA), the Tribunal decides that the Mt Perry Forest Reserve should be included in exploration permit EPM 10566 subject to contract conditions as set out in Appendix A. 2. The Registrar of the Tribunal is directed to provide a copy of this decision to the Minister for Natural Resources and Mines and draw to his attention, in particular, paragraphs [5] to [9]. 12 s. 26 (1A) NTA. 13 s. 525(1)(ab) MRA. -- 5 of 47 -- APPENDIX A Exhibit 2 (as revised by orders of the Tribunal made on 19/10/04) -- 6 of 47 -- Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 BETWEEN The Native Title Party (these Contract Conditions concern the Wakka Wakka People #2) and Equigold NL ACN 060 235 145 and The State of Queensland EPM 10566 CONTRACT CONDITIONS for INCLUSION OF RESERVE IN EPM 10566 (Contract conditions for exploration, to include an area of Mt Perry Forest Reserve (Lot 157 on AP 6291) in EPM 10566) -- 7 of 47 -- Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 TABLE OF CONTENTS 1. DEFINITIONS AND INTERPRETATION................................................................................................ 2 2. COMMENCEMENT AND TERM ............................................................................................................. 3 3. MATTERS UNDER LEGISLATION ......................................................................................................... 4 4. STATE’S POSITION ................................................................................................................................... 4 5. NON-EXTINGUISHMENT PRINCIPLE .................................................................................................. 4 6. RECOGNITION OF NATIVE TITLE RIGHTS ....................................................................................... 4 7. REGISTERED NATIVE TITLE BODY CORPORATE .......................................................................... 5 8. COMPLIANCE WITH AGREEMENT...................................................................................................... 5 9. WORK PROGRAMME ............................................................................................................................... 5 10. LIAISON BETWEEN PARTIES ................................................................................................................ 5 11. EMPLOYMENT AND TRAINING ............................................................................................................ 6 12. RESOLUTION OF DISPUTES ................................................................................................................... 6 13. GENERAL .................................................................................................................................................... 7 14. NOTICES ...................................................................................................................................................... 8 SCHEDULE 1 ......................................................................................................................................................... 9 SCHEDULE 2 ......................................................................................................................................................... 2 -- 8 of 47 -- BETWEEN: Mr Cyril Couchy, Mr David Anthony Beezley, Mr George Bone, Mr Kevin John Doolan, Mr Michael Bond, Mr Oscar Chapman, Mr Reggie Little, Mr Robert Lacy, Mr Sam Murray Jnr, Ms Beryl Gambrill, Ms Ellen Kate Shadford, Ms Lillian Joan MiMi, Ms Mavis Joan Hawkins, Ms Pam Peggy Duncan, Ms Patricia Dawn Bond and Pastor Henry Derek Collins (“the Registered Native Title Claimants”) in their capacity as registered native title claimants for the Native Title Determination Application for and on behalf of all of the Wakka Wakka People #2 including all of the persons in the Native Title Claim Group (“the Native Title Party”) AND: Equigold NL ACN 060 235 145 (together with its successors and assigns "the Explorer") AND: The State of Queensland (“the State”) BACKGROUND: A. The Registered Native Title Claimants have lodged, on their own behalf and on behalf of the Native Title Claim Group, the Native Title Determination Application covering certain land and waters in central Queensland. B. The Explorer holds an exploration permit, EPM 10566, in which the Explorer now wishes to include an area of land within Mt Perry Forest Reserve, described as Lot 157 on AP 6291, which area of land is either wholly or partially within the land claimed under the Native Title Determination Application. C. The Native Title Party agrees to the inclusion of the Land in the Exploration Permit and the Explorer exercising its rights to carry out exploration on the Land under the Exploration Permit, in accordance with the terms of these Contract Conditions. These terms include terms which will assist in avoiding damage, disturbance or interference to areas of cultural significance to the Native Title Party located on the Land. D. The State is a party to these Contract Conditions as s658 of the Mineral Resources Act states that the State is a “consultation and negotiation party” in the native title process under that Act, and is therefore a party to these Contract Conditions. -- 9 of 47 -- - 2 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 AGREEMENT The Parties have reached agreement in the terms set out below. 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions In these Contract Conditions the terms used in Schedule 2 have the meaning given to them in that Schedule (except that, as these Contract Conditions apply to the Land and not the Exploration Permit as a whole, references in Schedule 2 to “the Exploration Tenement” and “the Exploration Permit” shall be read as “the Land” where appropriate) and, when used in the body of these Contract Conditions, the following terms have the meanings as stated below:- 1.1.1 ‘Contract Conditions’ means these conditions for the inclusion of the Land in the Exploration Permit; 1.1.2 ‘Cultural Event’ means a ceremony or other cultural activity according to the Native Title Party’s tradition; 1.1.3 ‘Explorer’ means Equigold NL ACN 060 235 145 and its successors and assigns; 1.1.4 ‘Force Majeure’ means an event or cause which is beyond the reasonable control of a Party including war, insurrection, civil disturbance, blockade, riot, embargo, epidemic, earthquake, storm, flood, explosion, fire or lightning, strikes and other labour conflict, government action or inaction (including a change of law), breakdown of machinery, equipment or facilities or shortages of material or equipment; 1.1.5 ‘the Land’ means the area within the boundaries of both Mt Perry Forest Reserve, described as Lot 157 on AP 6291, and also the Exploration Permit, as shown on the map at Schedule 1; 1.1.6 ‘Native Title Claim Group’ means the group on whose behalf the Native Title Determination Application has been made, including the Registered Native Title Claimants; 1.1.7 ‘Native Title Determination Application’ means the application for Determination of Native Title No QC99/33 filed in the Federal Court and having Federal Court No Q6032 of 1999; 1.1.8 ‘Native Title Party’ means the Registered Native Title Claimants on their own behalf and on behalf of all of the Wakka Wakka People #2 including all of the persons in the Native Title Claim Group; -- 10 of 47 -- - 3 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 1.1.9 ‘Parties’ means the Registered Native Title Claimants on their own behalf and on behalf of the Native Title Claim Group, the Explorer and the State; 1.1.10 ‘Project’ means the exploration activities within the Land; 1.1.11 ‘Registered Native Title Claimants’ means the applicants named on the Native Title Determination Application from time to time (being at the date of entering into these Contract Conditions, Mr Cyril Couchy, Mr David Anthony Beezley, Mr George Bone, Mr Kevin John Doolan, Mr Michael Bond, Mr Oscar Chapman, Mr Reggie Little, Mr Robert Lacy, Mr Sam Murray Jnr, Ms Beryl Gambrill, Ms Ellen Kate Shadford, Ms Lillian Joan MiMi, Ms Mavis Joan Hawkins, Ms Pam Peggy Duncan, Ms Patricia Dawn Bond and Pastor Henry Derek Collins); 1.1.12 ‘Schedules’ means the Schedules to these Contract Conditions; 1.1.13 ‘Significant Object’ has the same meaning as “significant Aboriginal object” under the Aboriginal Cultural Heritage Act, 2003; 1.1.14 ‘Significant Site’ means anything that is “Aboriginal cultural heritage” under the Aboriginal Cultural Heritage Act, 2003, but which is not a Significant Object; 1.1.15 ‘Traditional Rights’ are the native title rights and interests claimed by the Native Title Claim Group in the Native Title Determination Application, and include any rights of access under the Aboriginal Cultural Heritage Act, 2003; 1.2 Interpretation 1.2.1 The Schedules form part of these Contract Conditions. 1.2.2 These Contract Conditions are to be interpreted in accordance with the Interpretation provisions in Schedule 2. 1.2.3 In the event of inconsistency between these Contract Conditions and Schedule 2, Schedule 2 prevails, except that, as these Contract Conditions apply to the Land and not the Exploration Permit as a whole, references in Schedule 2 to “the Exploration Tenement” and “the Exploration Permit” shall be read as “the Land” where appropriate. 2. COMMENCEMENT AND TERM 2.1 Commencement These Contract Conditions commence as ordered by the Land and Resources Tribunal. 2.2 Term These Contract Conditions apply for the term of the Exploration Permit. -- 11 of 47 -- - 4 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 3. MATTERS UNDER LEGISLATION 3.1 Terms of Agreement Not Conditions The terms of these Contract Conditions are contract conditions and are not conditions of the Exploration Permit. 4. STATE’S POSITION 4.1 Nothing in these Contract Conditions shall fetter, act as an estoppel or an agreement in any way about the exercise of discretion, the making of a decision or the making of subordinate legislation under any Statute by the State and its representatives and officers (including the Minister). 4.2 If such an act results in an outcome that is inconsistent with these Contract Conditions, the State and its representatives and officers (including the Minister) shall not be liable under the Agreement for any loss and damage whatsoever either indirect or direct incurred by any party as a consequence of any inconsistency. 4.3 The State (including its representatives and officers and the Minister) have no, nor accept any, responsibility or obligation under these Contract Conditions as they are chiefly between the Explorer and the Native Title Party. 5. NON-EXTINGUISHMENT PRINCIPLE The Parties acknowledge and agree that the Non-extinguishment Principle (as defined in the Native Title Act 1993 (Cth)) applied to the grant of the Exploration Permit and applies to exploration carried out under it. 6. RECOGNITION OF NATIVE TITLE RIGHTS 6.1 To the extent that they are able to do so (in light of rights that might be held by others that impact on the exercise of Traditional Rights) the Explorer agrees that members of the Native Title Claim Group are entitled to exercise their Traditional Rights on the Land provided that the exercise of such rights does not unreasonably interfere with the Project or jeopardise the health and safety of persons on or entering upon the Land (amongst other things, adequate prior notice must be given). The Explorer acknowledges that the exercise of Traditional Rights extends to entry onto to the Land to ensure that Significant Sites and Significant Objects are being protected in accordance with these Contract Conditions. 6.2 The Explorer will take reasonable steps to minimise interference by the Project with the exercise of the Traditional Rights of the Native Title Claim Group. 6.3 The Explorer will not oppose a determination of native title over the Land in favour of the Native Title Claim Group. -- 12 of 47 -- - 5 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 7. REGISTERED NATIVE TITLE BODY CORPORATE 7.1 There is no registered native title body corporate in relation to the Land. 7.2 In the event of a determination of native title being made with respect to any part of the Land and the establishment of a registered body corporate for that area, the Registered Native Title Claimants will make all reasonable efforts to ensure that the registered body corporate enters into a Deed to assume the rights and responsibilities of the Native Title Party under these Contract Conditions. 7.3 In respect to any assignment of these Contract Conditions by the Registered Native Title Claimants and/or Native Title Claim Group to a prescribed body corporate, or the joining of this agreement by such prescribed body corporate, or the entry into a Deed for the assumption of rights of the Native Title Party, each party will pay their own costs of any documentation to reflect such arrangements. 8. COMPLIANCE WITH AGREEMENT 8.1 In so far as the terms of these Contract Conditions are applicable to the Explorer’s contractors, employees, and agents, the Explorer must ensure that its contractors, employees and agents comply with the terms of these Contract Conditions. 8.2 Without limiting its obligations under Cause 8.1, the Explorer must not engage a contractor to undertake exploration activities unless the contractor agrees in writing to comply with the terms of these Contract Conditions (in so far as those terms are applicable to that contractor). 9. WORK PROGRAMME The Explorer must comply with Schedule 2. 10. LIAISON BETWEEN PARTIES 10.1 The Parties agree that there will be ongoing communication and liaison between them for the purposes of: 10.1.1 reviewing the working of these Contract Conditions, the progress of the Project and the Work Programme; 10.1.2 advancing the knowledge of the Native Title Claim Group of the effects that the exploration activities are having on the enjoyment of their native title rights and interest; and 10.1.3 the involvement of the Native Title Claim Group in the protection of Significant Sites and Significant Objects. 10.2 The Explorer will provide an annual summary report of its activities on the Land. -- 13 of 47 -- - 6 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 10.3 A Party may request a liaison meeting to address a specific problem with the Project. 10.4 Meetings will be held by teleconference unless the Explorer has personnel available locally to attend a meeting in person. 11. EMPLOYMENT AND TRAINING 11.1 The Explorer is an “equal opportunity” employer. 11.2 The Explorer will, in the course of conducting the Project, consider employing and/or contracting with members of the Native Title Claim Group where they are capable of carrying out in a satisfactory manner the work required. 11.3 The Explorer will: 11.3.1 include in all contracts for services to be performed on the Land during the Project a clause requiring its contractors and sub-contractors to consider offering employment to members of the Native Title Claim Group on the same terms as set out in Clause 11.2 of these Contract Conditions; 11.3.2 to such extent as is reasonably practical, give on the job training to members of the Native Title Claim Group employed on the Project; 11.3.3 except where vacancies need to be filled on an urgent basis, provide advance written notice of opportunities for employment and contracts for the provision of goods and services for the Project to the Native Title Party. 12. RESOLUTION OF DISPUTES 12.1 If a dispute arises under these Contract Conditions then the Party claiming that a dispute has arisen must give notice to the other party to the dispute providing full details of the dispute (“Dispute Notice”). 12.2 The parties to the dispute (“Dispute Parties”) must meet as soon as reasonably practicable after the receipt date of the Dispute Notice and negotiate in good faith to attempt to resolve the dispute within 14 days of the receipt date. 12.3 If the dispute is not resolved within 14 days of the receipt date of the Dispute Notice (or such later date, if any, as all the Dispute Parties agree), then either of the Dispute Parties may refer the dispute to a Court or Tribunal for determination. (It is noted that as at the date of these Contract Conditions, the Land and Resources Tribunal has exclusive jurisdiction for disputes under negotiated agreements). 12.4 If the matter is referred to the Land and Resources Tribunal, the Dispute Parties will request mediation, as a first step in the resolution of the matter before the Tribunal. 12.5 If the matter requires determination by the Court or Tribunal, the Dispute Parties will co- operate to ensure that the matter is dealt with as quickly as reasonably possible. -- 14 of 47 -- - 7 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 12.6 Nothing in this clause prevents a Party from exercising its right to seek redress in a Court of Law or before a Tribunal. However, the Parties agree that, unless an urgent remedy is sought to prevent a breach or continuing breach of an essential term of these Contract Conditions, they will submit to the procedure contained in this Clause prior to initiating such action. 13. GENERAL 13.1 Further Action Each Party must: 13.1.1 use its best efforts to do all things necessary or desirable to give full effect to these Contract Conditions; and 13.1.2 refrain from doing anything that might hinder performance of these Contract Conditions. 13.2 No Partnership etc Nothing contained or implied in these Contract Conditions is to be interpreted as creating a partnership, agency or employment relationship between the Parties. 13.3 Joint and Several Liability 13.3.1 If a Party comprises two or more persons, the provisions of these Contract Conditions binding that Party bind those persons jointly and severally. 13.3.2 If a provision of these Contract Conditions binds or benefits two or more Parties, that provision binds those Parties jointly and severally. 13.4 Waiver 13.5 The failure of a Party at any time to require performance of any obligation under these Contract Conditions is not a waiver of that Party’s right: 13.5.1 to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and 13.5.2 at any other time to require performance of that or any other obligation under these Contract Conditions. -- 15 of 47 -- - 8 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 13.6 No Termination for Breach The Parties agree that a breach of these Contract Conditions by any Party will not give to any other Party a right to elect to terminate these Contract Conditions, but that other Party may exercise any other remedy available to it in respect of such breach. 13.7 Force Majeure Where any Party is unable by reason of Force Majeure to carry out wholly or in part their obligations under these Contract Conditions, the obligations of that Party so far as they are affected by the Force Majeure will be suspended during, but no longer than, the continuance of the Force Majeure. 13.8 Cultural Events As soon as the Native Title Claim Group becomes aware that its timely performance of obligations under these Contract Conditions will be delayed by reason of a Cultural Event, they will advise the Explorer of that delay. The Explorer will respect that Cultural Event and shall suspend the obligations of the Native Title Claim Group for up to 7 days due to that cause. 13.9 Stamp Duty Explorer will pay any stamp duty payable on these Contract Conditions in accordance with the provisions of the Duties Act 2001 (Qld). 13.10 Costs 13.10.1 The Explorer agrees to pay the reasonable legal expenses and meeting costs of the Native Title Party for their legal adviser to review this document and advise them on it to a maximum total of $1,500. 13.10.2 Except as set out 13.10.1, and except as already paid by the Explorer to the Native Title Party during the negotiation process, each Party will bear its own costs of drafting, negotiating and Land and Resources Tribunal proceedings relating to these Contract Conditions. 13.11 Governing Law These Contract Conditions is governed by the laws in force in the State of Queensland. 14. NOTICES Notices under these Contract Conditions and under Schedule 2 are to be given in accordance with the process in Schedule 2. -- 16 of 47 -- - 9 - Contract Conditions for Inclusion of Reserve in EPM 10566 Equigold and Wakka Wakka #2 and State of Qld – 25 October 2004 SCHEDULE 1 Details of the Land Exploration Permit for Minerals EPM 10566 consists of 81 sub-blocks as follows: BIM BLOCK SUB-BLOCKS BRIS 1029 ABCDEFGHJKLMNOPQRSTUVWXYZ BRIS 1030 FGLMNQRSTUVWXYZ BRIS 1101 ABCDEFGHJKLMNOPQRSTUVWXYZ BRIS 1102 ABCDEFGHJLMNOQRS The Land covers all or part of the following of those subblocks:- BIM BLOCK SUB-BLOCKS BRIS 1029 BCGH The Exploration Permit and the Land are shown on the attached map. -- 17 of 47 -- -- 18 of 47 -- Version 1.1(a) - 22 August 2004 SCHEDULE 2 NATIVE TITLE PROTECTION CONDITIONS CONDITIONS TO SATISFY REQUIREMENTS OF EXPEDITED PROCEDURE S.237 NATIVE TITLE ACT 1993 Crown Solicitor Level 11 State Law Building 50 Ann Street BRISBANE Telephone: (07) 3239 6378 Facsimile: (07) 3239 6386 Reference: LT1/NTS127/42/PEL -- 19 of 47 -- Version 1.1 – 6 August 2003 TABLE OF CONTENTS 1. INTERPRETATION .................................................................................................................................... 1 2. CONDITIONS - GENERAL ........................................................................................................................ 1 3. PROVISION OF INFORMATION BY EXPLORER TO NOTIFIED NATIVE TITLE PARTIES ..... 2 4. MEETING WITH NOTIFIED NATIVE TITLE PARTIES .................................................................... 4 5. FIELD INSPECTION................................................................................................................................... 6 6. INSPECTION REPORT .............................................................................................................................. 9 7. MONITORING ........................................................................................................................................... 11 8. ADMINISTRATIVE PAYMENT TO NOMINATED BODY ................................................................. 13 9. CULTURAL HERITAGE FINDS ............................................................................................................. 14 10. CULTURAL HERITAGE AWARENESS ................................................................................................ 16 11. NOMINATED BODY ................................................................................................................................. 16 12. CHANGE OF EXPLORATION ACTIVITIES ........................................................................................ 17 13. ASSIGNMENT OF EXPLORATION TENEMENT ............................................................................... 17 14. CHANGE OF NATIVE TITLE PARTIES. .............................................................................................. 17 15. SEVERABILITY ........................................................................................................................................ 18 16. NOTICES .................................................................................................................................................... 18 17. PAYMENTS BY EXPLORER UNDER CONDITIONS ......................................................................... 19 18. INABILITY NOTICE ................................................................................................................................. 19 19. ADJUSTMENT OF PAYMENTS ............................................................................................................. 19 SCHEDULE 1 - DEFINITIONS 21 SCHEDULE 2 - DRAFT/SAMPLE FORMS 27 -- 20 of 47 -- Version 1.1 - 6 August 2003 Page 1 of 27 1. Interpretation 1.1 In these Conditions unless the context otherwise requires or the contrary intention appears, Schedule 1 contains certain terms that will have the meanings assigned to them. 1.2 A reference to a person includes a reference to corporations and other entities recognised by law. 1.3 A reference to a statute, regulation, ordinance or local law will be deemed to extend to all statutes, regulations, ordinances or local laws amending, consolidating or replacing them. 1.4 In these Conditions the headings to the clauses have been inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the Conditions. 1.5 The singular includes the plural and vice versa. 1.6 Words importing one gender will include a reference to all other genders. 1.7 A covenant or agreement on the part of two or more persons will be deemed to bind them jointly and severally. 1.8 A reference to a clause, schedule or attachment is a reference to a clause, schedule or attachment to these Conditions and includes any amendments to them made in accordance with these Conditions. 1.9 Where under or pursuant to these Conditions the day on or by which any act, matter or thing is to be done is not a Business Day, such an act, matter or thing may be done on the next proceeding Business Day. 1.10 A reference in these Conditions to the Native Title Parties includes all persons comprising the Native Title Parties. 2. Conditions - General 2.1 The Explorer must not carry out Exploration Activities in the area of the Exploration Tenement: (a) if the Exploration Activities are likely to interfere directly with the carrying on of the community or social activities of the persons who are holders (disregarding any trust created under Division 6 of Part 2 of the NTA) of Native Title in relation to the land or waters concerned; and (b) if the Exploration Activities are likely to interfere with areas or sites of particular significance, in accordance with their traditions, to the persons who are the holders (disregarding any trust created under Division 6 of Part 2 of the NTA) of the Native Title in relation to the land or waters concerned; and (c) if the Exploration Activities are likely to involve major disturbance to any land or waters concerned or create rights whose exercise is likely to involve major disturbance to any land or waters concerned; and (d) except in accordance with these Conditions. -- 21 of 47 -- Version 1.1 - 6 August 2003 Page 2 of 27 3. Provision of Information by Explorer to Notified Native Title Parties 3.1 If the Explorer proposes to carry out Exploration Activities within a Notification Area, the Explorer must give a written notice (“Exploration Activity Notice”) in accordance with clauses 3.2, 3.3, 3.4 and 3.5 before commencing any Exploration Activities. 3.2 An Exploration Activity Notice may only relate to proposed Exploration Activities in relation to the Notification Area for the period contained in the Exploration Activity Notice, where the proposed Exploration Activities must not be for a period exceeding 1 Year. 3.3 An Exploration Activity Notice must be given to the Notified Native Title Parties. 3.4 An Exploration Activity Notice must contain the following information: (a) the name of the Explorer, and if the Explorer is not a person, the name and position of a contact person nominated by the Explorer (“Explorer’s Representative”); (b) the: (i) street address; (ii) postal address; (iii) telephone number; and (iv) facsimile number; of the Explorer and the Explorer’s Representative (if any); (c) a topographical map which clearly shows: (i) the area of the Exploration Tenement; and (ii) the areas of the proposed Exploration Activities within the Notification Area; (d) details of any landmarks or features from which the Notification Area can be located on the ground; (e) 2 copies of such number of maps (either A4 or A3 size) at a scale of 1:10,000, or a scale otherwise suitable, to clearly indicate: (i) the Notification Area; (ii) the location of any proposed Exploration Activities involving Ground Disturbance in the Notification Area; and (iii) other areas likely to be disturbed as a result of the Exploration Activities in the Notification Area including the extent of such areas; (f) aerial photographs (if any are held by the Explorer) clearly showing: -- 22 of 47 -- Version 1.1 - 6 August 2003 Page 3 of 27 (i) the area of the Exploration Tenement; and (ii) the Notification Area; (g) a detailed description of the Explorer’s program of works for the Exploration Activities the Explorer intends to undertake in the Notification Area (“Program of Works”) including: (i) a description of the proposed types of Exploration Activities and their expected impact on the land, and, if Exploration Activities involving Ground Disturbance are proposed, a description of the type of machinery proposed to be used; (ii) the proposed dates upon which each of the Exploration Activities are intended to occur; (iii) the expected maximum duration of the proposed Exploration Activities; (iv) whether existing roads or tracks will be used and if not, the proposed location and method of construction of any new roads or tracks, and the proposed dates on which the construction is to occur; and (v) any other information reasonably necessary to enable the Notified Native Title Parties to understand the impact of the proposed Exploration Activities on the land and waters within the Notification Area; (h) state that the Notified Native Title Parties have 20 Business Days from the Receipt Date of the Exploration Activity Notice to respond to the Exploration Activity Notice in writing (“Response Notice”) by: (i) requiring that a meeting be held between the Explorer and the Notified Native Title Parties to allow for a further exchange of information between the Explorer and the Notified Native Title Parties about the Program of Works; or (ii) requiring the Explorer to arrange for a Field Inspection of all or part of the Notification Area the subject of a Native Title Claim, due to the nature of the proposed Exploration Activities in the Notification Area, and: (A) nominating the members of the Field Inspection Team to conduct the Field Inspection as agents of the Notified Native Title Parties; and (B) nominating whether an Anthropologist or Archaeologist is to be a member of the Field Inspection Team, and if so, nominating a reasonable hourly or daily rate for them to be paid for their services; or (iii) requiring: (A) that a meeting be held between the Explorer and the Notified Native Title Parties to allow for a further exchange of information between the Explorer and the Notified Native Title Parties about the Program of Works; and -- 23 of 47 -- Version 1.1 - 6 August 2003 Page 4 of 27 (B) the Explorer to arrange for a Field Inspection of all or part of the Notification Area the subject of a Native Title Claim due to the nature of the proposed Exploration Activities in the Notification Area, and: (1) nominating the members of the Field Inspection Team to conduct the Field Inspection as agents of the Notified Native Title Parties; and (2) nominating whether an Anthropologist or Archaeologist is to be a member of the Field Inspection Team, and if so, nominating a reasonable hourly or daily rate for them to be paid for their services; or (iv) advising that the Notified Native Title Parties have no requirements in relation to the Program of Works in the Exploration Activity Notice; and (i) state that the Notified Native Title Parties may only issue 1 Response Notice for each Native Title Claim within a Notification Area. 3.5 If the Explorer: (a) does not receive a Response Notice from the Notified Native Title Parties within the time specified in clause 3.4(h), not due to a failure on the part of the Explorer; or (b) receives a Response Notice within the time specified in clause 3.4(h) advising that the Notified Native Title Parties have no requirements in relation to the Program of Works in the Exploration Activity Notice; the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 3.6 If: (a) the Explorer receives more than 1 Response Notice from the Notified Native Title Parties within the time specified in clause 3.4(h); and (b) the Notified Native Title Parties have not issued more than 1 Response Notice for each Native Title Claim within a Notification Area (“Multiple Response Notices”); the Explorer must only comply with these Conditions in relation to each of the Multiple Response Notices. 4. Meeting with Notified Native Title Parties 4.1 If the Explorer receives a Response Notice from the Notified Native Title Parties within the time specified in clause 3.4(h) requiring a meeting between the Explorer and the Notified Native Title Parties, the Explorer must arrange for such meeting with the Notified Native Title Parties who issued the Response Notice to be held within 20 Business Days of the Receipt Date of the Response Notice: (a) at a time agreed by the Explorer and the Notified Native Title Parties; and -- 24 of 47 -- Version 1.1 - 6 August 2003 Page 5 of 27 (b) which may be conducted by telephone or video conferencing if agreed. 4.2 If the Explorer is unable to obtain the agreement of the Notified Native Title Parties to a time for a meeting in accordance with clause 4.1, the Explorer must give the Notified Native Title Parties a written notice (“Meeting Notice”) advising that the meeting will be held: (a) on a specified date that is no earlier than 10 Business Days from the Receipt Date of the Meeting Notice; and (b) at a specified place that is: (i) in the town or city where the Mining Registrar is located; or (ii) in the town or city in which there is an office of the representative Aboriginal body for the area that includes the Exploration Tenement; and (c) at a specified time that is during the hours of 9:00am to 5:00pm on a Business Day. 4.3 If the Notified Native Title Parties: (a) do not attend a meeting scheduled by the Explorer in accordance with clause 4.1; or (b) do not attend a meeting scheduled by the Explorer in accordance with clause 4.2; not due to a failure on the part of the Explorer, the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 4.4 Following a meeting held between the Explorer and the Notified Native Title Parties under clause 4.1 or 4.2 the Explorer must give the Notified Native Title Parties a written notice (“Outcomes Notice”): (a) stating that the Notified Native Title Parties have 5 Business Days from the Receipt Date of the Outcomes Notice to respond to the Outcomes Notice in writing (“Outcomes Response Notice”) by: (i) requiring the Explorer to arrange for a Field Inspection of the Inspection Zone due to the nature of the proposed Program of Works in the Inspection Zone, and: (A) nominating the members of the Field Inspection Team to conduct the Field Inspection as agents for the Notified Native Title Parties; and (B) nominating whether an Anthropologist or Archaeologist is to be a member of the Field Inspection Team, and if so, nominating a reasonable hourly or daily rate for them to be paid for their services; or (ii) advising that the Notified Native Title Parties have no requirements in relation to the Program of Works in the Exploration Activity Notice. -- 25 of 47 -- Version 1.1 - 6 August 2003 Page 6 of 27 4.5 Clauses 4.4(a)(i) and (ii) do not apply where the Explorer receives a Response Notice from the Notified Native Title Parties within the time specified in clause 3.4(h) containing the requirements described in clause 3.4(h)(iii). 4.6 If the Explorer: (a) does not receive an Outcomes Response Notice within the time specified in clause 4.4, not due to a failure on the part of the Explorer; or (b) receives an Outcomes Response Notice within the time specified in clause 4.4 advising that the Notified Native Title Parties have no requirements in relation to the Exploration Activities in the Exploration Activity Notice, the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 5. Field Inspection Please note the following definition relevant to this clause: “Field Inspection Team” means a team of people engaged to conduct a Field Inspection on behalf of the Native Title Parties which may include: (a) up to 8 inspectors nominated by the Notified Native Title Parties; and (b) an Anthropologist or an Archaeologist nominated by the Notified Native Title Parties. Please note that amounts to be paid under this clause are to be adjusted under clause 19 each Year. 5.1 If: (a) the Explorer receives a Response Notice from the Notified Native Title Parties within the time specified in clause 3.4(h) advising: (i) that the Notified Native Title Parties require a Field Inspection to be undertaken for the Inspection Zone, and: (A) nominating the members of the Field Inspection Team to conduct the Field Inspection as agents of the Notified Native Title Parties; and (B) nominating whether an Anthropologist or Archaeologist is to be a member of the Field Inspection Team, and if so, nominating a reasonable hourly or daily rate for them to be paid for their services; or (b) the Explorer receives an Outcomes Response Notice within the time specified in clause 4.4 advising that the Notified Native Title Parties require the Explorer to arrange for a Field Inspection of the Inspection Zone, and: -- 26 of 47 -- Version 1.1 - 6 August 2003 Page 7 of 27 (A) nominating the members of the Field Inspection Team to conduct the Field Inspection as agents of the Notified Native Title Parties; and (B) nominating whether an Anthropologist or Archaeologist is to be a member of the Field Inspection Team, and if so, nominating a reasonable hourly or daily rate for them to be paid for their services; and (c) the Exploration Activity Notice identifies Exploration Activities that are not Agreed Exploration Activities; the Explorer must arrange for a Field Inspection to be conducted by a Field Inspection Team in the Inspection Zone: (d) in the circumstances described in 5.1(a) above, no later than 25 Business Days from the Receipt Date of the Response Notice; or (e) in the circumstances described in 5.1(b) above, within 25 Business Days of the Receipt Date of the Outcomes Response Notice or such longer period as agreed by the Explorer and the Notified Native Title Parties. 5.2 The Explorer acknowledges that the objectives of a Field Inspection include: (a) providing the Field Inspection Team with an opportunity to relate the details of the proposed Program of Works to their knowledge of the Inspection Zone; (b) providing the Explorer with an opportunity to explain the proposed Program of Works in the Inspection Zone and physically identify any areas within the Inspection Zone that will be subject to Exploration Activities; (c) providing the Field Inspection Team with an opportunity to identify the existence of any Aboriginal Sites or Aboriginal Objects; and (d) in the case of areas of the Inspection Zone that will be subject to Ground Disturbance, providing the Field Inspection Team with an opportunity to identify, inspect and conduct a cultural heritage inspection of the proposed location of: (i) access roads and tracks; (ii) drilling sites; (iii) trench sites; (iv) shaft sinking and adit driving sites; (v) camp sites; and (vi) any other areas that will be subject to Ground Disturbance. 5.3 The Explorer must arrange for the Explorer’s Inspection Representative to accompany the Field Inspection Team during any Field Inspection at the Explorer’s cost to provide assistance to the Field Inspection Team including: -- 27 of 47 -- Version 1.1 - 6 August 2003 Page 8 of 27 (a) fixing of GPS co-ordinates; and (b) provision of information about the Explorer’s proposed Exploration Activities in the Inspection Zone and physically identify any areas within the Inspection Zone that will be subject to Exploration Activities. 5.4 Notwithstanding clause 5.3, the Explorer’s Inspection Representative must withdraw to allow the Field Inspection Team to have confidential discussions relating to the Field Inspection if the Field Inspection Team makes such a request of the Explorer’s Inspection Representative. 5.5 If: (a) the Explorer receives a Response Notice or Outcomes Response Notice from the Notified Native Title Parties in accordance with clause 5.1 nominating an Anthropologist or Archaeologist to be a member of the Field Inspection Team; and (b) the Explorer agrees to pay the Anthropologist or Archaeologist but the Explorer does not agree with the hourly or daily rate for them to be paid for their services on the basis of the reasonableness of the amount; (“Nomination Dispute”) the Explorer must refer the Nomination Dispute to the Land and Resources Tribunal to decide the Nomination Dispute. 5.6 If the Explorer receives an invoice, or if a supply is a Taxable Supply, a Tax Invoice, the Explorer must pay the following costs (as relevant) in relation to a Field Inspection after the Field Inspection Conclusion to the Nominated Body for the Notified Native Title Parties within 20 Business Days of the date of the invoice or Tax Invoice: (a) inspectors included in the Field Inspection Team: (i) $300 (including any GST) for each inspector (maximum of 4 inspectors) per Inspection Day; or (ii) $150 (including any GST) for each inspector (maximum of 4 inspectors) per Part Inspection Day; (b) Anthropologist or Archaeologist included in the Field Inspection Team: (i) where the Explorer agreed to the amount nominated as a reasonable hourly or daily rate for them to be paid for their services in a Response Notice or Outcomes Response Notice; or (ii) where the Land and Resources Tribunal determines a Nomination Dispute: (A) a reasonable amount (including any GST) agreed by the Explorer and the Notified Native Title Party; or (B) the amount determined by the Land and Resources Tribunal when deciding a Nomination Dispute. 5.7 The Explorer must obtain and provide the following in relation to each Field Inspection at the Explorer’s cost: -- 28 of 47 -- Version 1.1 - 6 August 2003 Page 9 of 27 (a) transportation for all members of the Field Inspection Team within the Claim Area for the Notified Native Title Parties during the period reasonably necessary to conduct and complete the Field Inspection; and (b) meals and accommodation for all members of the Field Inspection Team during the period reasonably necessary to conduct and complete the Field Inspection; and (c) all necessary permits, authorities and notices to landowners for the Field Inspection Team to conduct the Field Inspection. 5.8 If a Field Inspection Team does not conduct a Field Inspection within the time specified in clause 5.1, not due to a failure on the part of the Explorer, the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 6. Inspection Report 6.1 Within 5 Business Days of the Field Inspection Conclusion, the Explorer must give the Notified Native Title Parties a written notice (“Field Inspection Notice”): (a) advising the Notified Native Title Parties that they must provide a written report to the Explorer (“Inspection Report”) in relation to the Field Inspection within: (i) 20 Business Days of the Field Inspection Conclusion; or (ii) such longer period following the Field Inspection Conclusion as nominated by the Explorer; (b) advising the Notified Native Title Parties that the Inspection Report must contain at least the following information (if relevant): (i) recommendations indicating whether the Inspection Zone contains a proposed Exclusion Zone and maps and the GPS coordinates for the location and boundary of any Exclusion Zone; (ii) recommendations for site protection measures and management of any proposed Exclusion Zone; (iii) recommendations for conducting the Program of Works in a way that minimises impact on the Inspection Zone and avoids any proposed Exclusion Zone; (iv) if the Exploration Activities are not Agreed Exploration Activities, recommendations for any Monitoring by Monitors of the Program of Works in the Inspection Zone; (c) stating that the Explorer acknowledges that information contained in the Inspection Report may be confidential in nature; and (d) advising the Notified Native Title Parties that the Inspection Report must contain a warranty from the author(s) of the Inspection Report in favour of the Explorer that all requisite: (i) licences; -- 29 of 47 -- Version 1.1 - 6 August 2003 Page 10 of 27 (ii) consents; and (iii) other authorities; have been obtained in favour of the Explorer to allow the Explorer to lawfully: (iv) use and copy the Inspection Report and the information contained in the Inspection Report for the purpose of these Conditions; and (v) copy and distribute the Inspection Report to any assignee of the Explorer. 6.2 If the Explorer does not receive an Inspection Report from the Notified Native Title Parties within the time specified in the Field Inspection Notice, not due to a failure on the part of the Explorer, the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 6.3 If: (a) the Explorer receives an Inspection Report from the Notified Native Title Parties within the time specified in the Field Inspection Notice; and (b) there are no recommendations contained in the Inspection Report; the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice. 6.4 If: (a) the Explorer receives an Inspection Report from the Native Title Parties within the time specified in the Field Inspection Notice; and (b) there are recommendations contained in the Inspection Report; and (c) the Explorer intends to comply with all the recommendations contained in the Inspection Report; and (d) the Explorer modifies the proposed Program of Works identified in the Exploration Activity Notice to comply with the recommendations in the Inspection Report; and (e) the Explorer prepares a modified Program of Works for the Proposed Exploration Activities identified in the Exploration Activity Notice (“Modified Exploration Activities”) to comply with the recommendations in the Inspection Report; and (f) the Explorer provides a copy of the modified Program of Works prepared in accordance with clause 6.4(e) to the Native Title Parties before commencing the Modified Exploration Activities; the Explorer may undertake the Modified Exploration Activities identified in the modified Program of Works provided to the Notified Native Title Parties in accordance with clause 6.4(f). 6.5 If: -- 30 of 47 -- Version 1.1 - 6 August 2003 Page 11 of 27 (a) the Explorer receives an Inspection Report from the Notified Native Title Parties within the time specified in the Field Inspection Notice; and (b) there are recommendations contained in the Inspection Report; and (c) the Explorer does not intend to comply with all the recommendations contained in the Inspection Report on the basis of the reasonableness of the recommendations (“Recommendations Dispute”); then the Explorer must: (d) within 5 Business Days after the Receipt Date of the Inspection Report give a written notice to the Notified Native Title Parties (“Recommendations Objection Notice”) providing full details of the Recommendations Dispute; and (e) take reasonable steps within 10 Business Days after the Receipt Date of the Recommendations Objection Notice to attempt to resolve the Recommendations Dispute with the Notified Native Title Parties. 6.6 If the Explorer is unable to resolve a Recommendations Dispute in accordance with clause 6.5, not due to a failure on the part of the Explorer, the Explorer must refer the Recommendations Dispute to the Land and Resources Tribunal to decide the Recommendations Dispute. 6.7 If the Land and Resources Tribunal makes a decision in relation to the Recommendations Dispute following referral to the Land and Resources Tribunal under clause 6.6, the Explorer may undertake the Exploration Activities in accordance with the Program of Works as modified by the decision of the Land and Resources Tribunal in relation to the Recommendations Dispute. 6.8 If: (a) the Explorer is able to resolve a Recommendations Dispute with the Notified Native Title Parties in accordance with clause 6.5(e); and (b) the Explorer modifies the proposed Exploration Activities identified in the Exploration Activity Notice to comply with the agreed resolution of the Recommendations Dispute; and (c) the Explorer prepares a modified Program of Works for the proposed Exploration Activities identified in the Exploration Activity Notice (“Modified Exploration Activities”) to comply with the agreed resolution of the Recommendations Dispute; and (d) the Explorer provides a copy of the modified Program of Works prepared in accordance with clause 6.8(c) to the Notified Native Title Parties before commencing the Modified Exploration Activities; the Explorer may undertake the Modified Exploration Activities identified in the modified Program of Works provided to the Notified Native Title Parties in accordance with clause (c). 7. Monitoring -- 31 of 47 -- Version 1.1 - 6 August 2003 Page 12 of 27 Please note that amounts to be paid under this clause are to be adjusted under clause 19 each Year. 7.1 If: (a) the Explorer receives an Inspection Report from the Notified Native Title Parties within the time specified in the notice given by the Explorer under clause 6.1(a); and (b) the Exploration Activities in the Inspection Zone identified in the Exploration Activity Notice: (i) are not Agreed Exploration Activities; and (ii) involve Ground Disturbance; and (c) the Exploration Activities in the Inspection Zone involve Ground Disturbance at: (i) an Aboriginal Site identified in an Inspection Report; or (ii) at the location of an Aboriginal Object identified in an Inspection Report; and (d) the Ground Disturbance in the Inspection Zone is to a depth that might reasonably be anticipated to reveal an Aboriginal Object; and (e) the Inspection Report contains recommendations for Monitoring by Monitors of the Exploration Activities in the Inspection Zone including proposals for the dates of the Monitoring of the Exploration Activities; the Explorer must pay for the costs of Monitoring by Monitors in accordance with clause 7.4. 7.2 The Explorer must provide Monitors with access to the Inspection Zone during Exploration Activities: (a) in accordance with the recommendations in the Inspection Report referred to in clause 7.1(e); and (b) at other times in addition to the dates and times referred to in clause 7.1(e) subject to: (i) a reasonable exclusion of Monitors due to occupational health and safety hazards as determined by the Explorer; and (ii) subject to any Safety Rules. 7.3 The Explorer will not be responsible for the costs of Monitoring that are not contained in an Inspection Report. 7.4 If the Explorer receives an invoice, or if a supply is a Taxable Supply, a Tax Invoice, subject to clause 7.6 the Explorer must pay the following costs (as relevant) in relation to -- 32 of 47 -- Version 1.1 - 6 August 2003 Page 13 of 27 Monitoring after the Monitoring Conclusion to the Nominated Body for the Notified Native Title Parties within 20 Business Days of the date of the invoice or Tax Invoice: (a) Monitors: (i) $300 (including any GST) for each Monitor per Monitoring Day; and (ii) $150 (including any GST) for each Monitor per Part Monitoring Day. 7.5 The Explorer must obtain and provide the following in relation to each instance of Monitoring at the Explorer’s cost: (a) transportation for the Monitors within the Claim Area during the period reasonably necessary to conduct and complete the Monitoring in the Inspection Zone; and (b) meals and accommodation for the Monitors during the period reasonably necessary to conduct and complete the Monitoring in the Inspection Zone. 7.6 Notwithstanding clause 7.4, the Explorer must only pay for the cost of: (a) 1 Monitor per Ground Breaking Machine engaged in Exploration Activities involving Ground Disturbance in the Inspection Zone except where a Ground Breaking Machine is following directly in the path of another Ground Breaking Machine engaged in the Exploration Activities involving Ground Disturbance; and (b) Monitoring while the Ground Disturbance in the Inspection Zone is to a depth that might reasonably be anticipated to reveal an Aboriginal Object. 8. Administrative Payment to Nominated Body Please note that amounts to be paid under this clause are to be adjusted under clause 19 each Year. 8.1 If the Explorer receives an invoice, or if a supply is a Taxable Supply, a Tax Invoice, the Explorer must pay the sum of $850 each (including any GST) Exploration Tenement Year to be distributed equally between each Nominated Body for each Native Title Claim (“Administrative Payment”). 8.2 Where more than 1 Nominated Body exists for the Exploration Tenement, the $850 to be paid under clause 8.1 must be distributed equally by the Explorer between each Nominated Body. 8.3 The first Administrative Payment under clause 8.1 must be made no later than 10 Business Days after the Receipt Date of: (a) the Nominated Body Response Notice; or (b) the invoice or Tax Invoice; whichever is later. -- 33 of 47 -- Version 1.1 - 6 August 2003 Page 14 of 27 8.4 The second and subsequent Administrative Payments under clause 8.1 must be paid on the anniversary of: (a) the date of the first Administrative Payment; or (b) the invoice or Tax Invoice; whichever is later, in each subsequent Year. 9. Cultural Heritage Finds 9.1 If the Explorer finds a Cultural Heritage Find while conducting Exploration Activities the Explorer must: (a) subject to clause 9 take all reasonable steps to preserve and protect the Cultural Heritage Find from further damage when undertaking Exploration Activities in the vicinity of the Cultural Heritage Find; and (b) no later than 2 Business Days after finding the Cultural Heritage Find give written notice of the Cultural Heritage Find (“Cultural Heritage Notice”) to the Native Title Parties. 9.2 A Cultural Heritage Notice must: (a) contain a description of the Cultural Heritage Find; and (b) state that the Native Title Parties have 5 Business Days from the Receipt Date of the Cultural Heritage Notice to advise the Explorer in writing (“Cultural Heritage Response Notice”) of: (i) the name; and (ii) the contact details; of 1 representative of the Native Title Parties that will inspect the Cultural Heritage Find with the Explorer (“Cultural Heritage Find Representative”). 9.3 If the Explorer does not receive a Cultural Heritage Response Notice within the time specified in clause 9.2(b), not due to a failure on the part of the Explorer, the Explorer may proceed to undertake Exploration Activities in the vicinity of the Cultural Heritage Find: (a) subject to the Cultural Records (Landscapes Queensland and Queensland Estate) Act 1987; and (b) subject to these Conditions. 9.4 If the Explorer receives a Cultural Heritage Response Notice within the time specified in clause 9.2(b) the Explorer must meet with the Cultural Heritage Find Representative within 5 Business Days of the Receipt Date of the Cultural Heritage Response Notice and attempt to agree upon a mutually acceptable way of dealing with the Cultural Heritage Find. -- 34 of 47 -- Version 1.1 - 6 August 2003 Page 15 of 27 9.5 If the Cultural Heritage Find Representative does not meet with the Explorer within the time specified in clause 9.4, not due to a failure on the part of the Explorer, the Explorer may proceed to undertake Exploration Activities in the vicinity of the Cultural Heritage Find: (a) subject to the Cultural Records (Landscapes Queensland and Queensland Estate) Act 1987; and (b) subject to these Conditions. 9.6 If: (a) the Explorer and the Cultural Heritage Find Representative meet within the time specified in clause 9.4; and (b) the Explorer and the Cultural Heritage Find Representative are able to agree upon a mutually acceptable way of dealing with the Cultural Heritage Find; and (c) the Explorer modifies the proposed Exploration Activities identified in the Exploration Activity Notice to comply with the agreed resolution to deal with the Cultural Heritage Find; and (d) the Explorer prepares a modified Program of Works for the proposed Exploration Activities in the Exploration Activity Notice (“Modified Exploration Activities”) to comply with the agreed resolution to deal with the Cultural Heritage Find; and (e) the Explorer provides a copy of the modified Program of Works prepared in accordance with clause 9.6(d) to the Native Title Parties before commencing the Modified Exploration Activities; the Explorer may undertake the Modified Exploration Activities identified in the modified Program of Works provided to the Native Title Parties in accordance with clause 9.6(e). 9.7 If the Explorer and the Cultural Heritage Find Representative are unable to agree upon a mutually acceptable way to deal with the Cultural Heritage Find in accordance with clause 9.4 (“Cultural Heritage Find Dispute”), not due to a failure on the part of the Explorer, the Explorer must refer the Cultural Heritage Find Dispute to the Land and Resources Tribunal to decide the Cultural Heritage Find Dispute. 9.8 If the Land and Resources Tribunal makes a decision in relation to a Cultural Heritage Find Dispute following referral to the Land and Resources Tribunal under clause 9.7 where the Land and Resources Tribunal makes a decision in relation to the way to deal with the Cultural Heritage Find, the Explorer may undertake the Exploration Activities in accordance with the Program of Works identified in the Exploration Activity Notice as modified by the decision of the Land and Resources Tribunal. 9.9 If the Land and Resources Tribunal makes a decision in relation to a Cultural Heritage Find Dispute following referral to the Land and Resources Tribunal under clause 9.7 where the Land and Resources Tribunal decides that the Exploration Activities cannot occur, the Explorer must not undertake the Exploration Activities. -- 35 of 47 -- Version 1.1 - 6 August 2003 Page 16 of 27 10. Cultural Heritage Awareness 10.1 Before the Explorer undertakes Exploration Activities in accordance with these Conditions, the Explorer must use best endeavours to ensure that all persons who perform Exploration Activities on behalf of the Explorer are given appropriate information for the purposes of: (a) promoting knowledge, understanding of and respect for the traditions and culture of the Native Title Parties; (b) creating familiarity with the obligations of the Explorer under these Conditions; (c) creating familiarity with the obligations of the Explorer under relevant State or Commonwealth Law regarding cultural heritage; and (d) fostering good relations with the Native Title Parties. 10.2 The Explorer must consult with the Native Title Parties about the nature and content of the information referred to in clause 10.1 and invite the Native Title Parties to formulate and direct the presentation of the information. 10.3 If the Explorer does not comply with clauses 10.1, 10.1(d) or 10.2 it will not constitute a breach of these Conditions. 11. Nominated Body 11.1 Within 7 Business Days from the grant of the Exploration Tenement the Explorer must give the Native Title Parties a written notice (“Nominated Body Notice”) stating: (a) that the Native Title Parties must give the Explorer a written notice (“Nominated Body Response Notice”): (i) signed by each of the Native Title Parties; (ii) identifying the Nominated Body for each Native Title Claim; and (iii) providing a contact address for that Nominated Body; and (b) that if the Native Title Parties do not give the Explorer a Nominated Body Response Notice the Explorer is not required to pay any amount under these Conditions to the Nominated Body for that Native Title Claim until a Nominated Body Response Notice is given to the Explorer. 11.2 Notwithstanding any other provision in these Conditions an Explorer is not required to pay any amount under these Conditions to a Nominated Body unless the Explorer has received: (a) a Nominated Body Response Notice: (i) signed by each Native Title Parties; (ii) identifying the Nominated Body; and (iii) providing a contact address for the Nominated Body; and -- 36 of 47 -- Version 1.1 - 6 August 2003 Page 17 of 27 (b) an invoice, or if a supply is a Taxable Supply, a Tax Invoice. 11.3 If any time during the Exploration Tenement the Explorer receives a written notice (“Change of Nominated Body Notice”); (a) after the Explorer has received a Nominated Body Response Notice; (b) signed by each Native Title Parties; (c) identifying the Nominated Body; and (d) providing a contact address for the Nominated Body; the Nominated Body identified in the Change of Nominated Body Notice last received by the Explorer becomes the Nominated Body for the purpose of these Conditions. 11.4 For the purpose of clauses 11.1(a)(i), 11.2(a) and 11.3(b) if the Explorer receives a Nominated Body Response Notice signed by a person with the apparent authority to sign on behalf of a Native Title Party, the Explorer will be entitled to treat that signature as the signature of the Native Title Party for the purpose of these Conditions. 12. Change of Exploration Activities 12.1 If the Explorer proposes to make an application to the State for an amendment of an Environmental Authority the Explorer must give the Native Title Parties a written notice (“Amendment Notice”) at least 5 Business Days before lodging such application with the State. 12.2 An Amendment Notice must contain a detailed description of the proposed amendment of: (a) the Exploration Activities; and (b) the Environmental Authority. 13. Assignment of Exploration Tenement 13.1 If the Explorer makes an application to the State to assign the Exploration Tenement, the Explorer must give the Native Title Parties a written notice (“Assignment Notice”) at the time of lodging such application with the State. 13.2 An Assignment Notice must contain: (a) the name of the proposed assignee; and (b) the address of the proposed assignee. 14. Change of Native Title Parties If a person becomes a Registered Native Title Claimant because the person replaces a Native Title Party as a Registered Native Title Claimant for a Native Title Claim, that person also replaces that Native Title Party as a Native Title Party under these Conditions. -- 37 of 47 -- Version 1.1 - 6 August 2003 Page 18 of 27 15. Severability If anything in these Conditions is unenforceable, illegal or void, then it is severed and the rest of these Conditions remain in force. 16. Notices 16.1 Notices under these Conditions may be delivered by hand, by registered mail, or by facsimile to the addresses specified in clause 16.4 or any substitute address as may have been notified in writing by the relevant addressee from time to time. 16.2 Subject to clause 16.3, for the purpose of these Conditions, notice will be deemed to be received: (a) 2 Business Days after deposit in the mail by the sender with correct postage prepaid; (b) when delivered by hand from the sender; or (c) if sent by facsimile transmission, upon an apparently successful complete transmission being noted by the sender's facsimile machine prior to close of business at 5.00pm. Facsimile transmissions received after 5.00pm will be deemed to be received at the start of the next Business Day; as the case may be (“Receipt Date”). 16.3 For the purpose of these Conditions, a notice will be deemed to be received by the Explorer: (a) 2 Business Days after deposit in the mail by the sender with correct postage prepaid; (b) when delivered to the Explorer by hand from the sender; or (c) if sent by facsimile transmission, upon an apparently successful complete transmission being noted by the sender's facsimile machine prior to close of business at 5.00pm. Facsimile transmissions received after 5.00pm will be deemed to be received at the start of the next Business Day; as the case may be (“Receipt Date”). 16.4 The addresses for the Explorer and the Native Title Parties are:  Address:  Postal Address:  -- 38 of 47 -- Version 1.1 - 6 August 2003 Page 19 of 27 Attention:  Telephone:  Facsimile:    Address:  Postal Address:  Attention:  Telephone:  Facsimile:  17. Payments by Explorer Under Conditions 17.1 If the Explorer makes any payment to any person under these Conditions, the Explorer must provide a copy of any invoice, or if a supply is a Taxable Supply, any Tax Invoice in relation to such payment to the State to accompany the exploration reports lodged by the Explorer under s.141(1)(f) of the MRA. 18. Inability Notice 18.1 If an Explorer receives a written notice from the Notified Native Title Parties stating that the Notified Native Title Parties are unable to meet their obligations contained in a notice given by the Explorer due to: (a) a condition or occurrence of weather (for example, storm, cyclone, flood, fire); or (b) a ceremonial or cultural activity according to Aboriginal tradition; which inhibits their ability to meet those obligations (“Inability Notice”) the Explorer may give the Notified Native Title Parties a written notice (“Inability Response Notice”) stating a reasonable alternative date for the Notified Native Title Parties to meet those obligations. 18.2 If the Explorer does not give the Notified Native Title Parties an Inability Response Notice on the basis of the reasonableness of the inability to meet their obligations contained in a notice (“Inability Dispute”) the Explorer must refer the Inability Dispute to the Land and Resources Tribunal to decide the Inability Dispute. 18.3 If the Land and Resources Tribunal makes a decision in relation to an Inability Dispute following referral to the Land and Resources Tribunal under clause 18.2 where the Land and Resources Tribunal decides upon an alternative date for the Notified Native Title Parties to meet their obligations, the Explorer must give the Notified Native Title Parties time until that alternative date to meet those obligations. 19. Adjustment of Payments The amounts payable by the Explorer under: (a) clause 5; and (b) clause 7; and -- 39 of 47 -- Version 1.1 - 6 August 2003 Page 20 of 27 (c) clause 8; will be adjusted on 1 July each Year in accordance with the following formula: New Amount = A x C2 C1 where: A: is the amount payable on 30 June for the Year for which it is being calculated; C1: is the CPI index number on 30 June for the Year under review; C2: is the CPI on 30 June for the Year last concluded before the Year under review. -- 40 of 47 -- Version 1.1 - 6 August 2003 Page 21 of 27 SCHEDULE 1 DEFINITIONS In these Conditions, unless the context otherwise requires or the contrary intention appears, the following terms shall have the meanings assigned to them - "Aboriginal Site" means a site or area of land (whether above or below the earth’s surface, underwater or otherwise) or of water that is of cultural significance to the Native Title Parties according to their traditional law and custom, including an Aboriginal archaeological or historical site that is registered or declared as being significant to Aboriginal people or of significance to Aboriginal tradition under a law of the Commonwealth or State. "Aboriginal Object" means an object (including human skeletal remains or any Aboriginal archaeological or historical object) of significance to the Native Title Parties in accordance with their traditional laws and customs. “Administrative Payment” has the meaning in clause 8.1. “Agreed Exploration Activities” means activities that are not subject to a Field Inspection or Monitoring in accordance with these Conditions, and includes: (a) aerial surveys; Examples – geological, geophysical, photogrammetric and topographic aerial surveys. (b) geological and surveying field work that does not involve clearing; Examples –  flagging of sites and sample locations  geological reconnaissance and field mapping  surveying. (c) sampling by hand methods; Examples –  grab sampling  mine tailings and mine mullock sampling  panning and sieving  rock chip sampling  stream sediment sampling (disturbed and undisturbed samples)  soil sampling (disturbed and undisturbed samples)  water sampling. (d) ground-based geophysical surveys that do not involve clearing; Examples –  potential-field methods of surveying, including, for example, gravity, magnetic and radiometric surveys  electrical methods of surveying, including, for example, electromagnetic, ground penetrating -- 41 of 47 -- Version 1.1 - 6 August 2003 Page 22 of 27 radar, induced polarization and resistivity surveys  seismic methods of surveying, including, for example, hammer’, refraction and vibration-sourced surveys. (e) drilling and activities associated with drilling that occur on land that has previously been the subject of clearing by the Explorer under this Exploration Tenement; and (f) environmental field work that does not involve clearing. Examples –  cultural heritage, environmental and geobotanical surveys  environmental monitoring. For the purpose of this definition: “clearing” means: (i) in relation to trees – cutting down, ringbarking or pushing over; or (ii) the use of machinery to dig below the topsoil horizon, including: A. the preparation of a drill site; and B. the making of access roads. “Amendment Notice” has the meaning in clause 12.1. “Business Day” means a day other than a Saturday, Sunday or a public holiday for the State. “Change of Nominated Body Notice” has the meaning in clause 11.3. “Claim Area” means the area of non-exclusive land and waters claimed under a Native Title Claim. “Conditions” means the conditions contained in this document and any schedules to this document made under s.147AA of the MRA. “CPI” means the all groups consumer price index for the City of Brisbane as determined by the Australian Bureau of Statistics or other authority or instrumentality which publishes the index, or any replacement measure. “Cultural Heritage Find” means an Aboriginal Object or an artefact or other evidence of indigenous occupation that is likely to be an Aboriginal Object. “Cultural Heritage Find Dispute” has the meaning in clause 9.7. “Cultural Heritage Find Representative” has the meaning in clause 9.2(b). -- 42 of 47 -- Version 1.1 - 6 August 2003 Page 23 of 27 “Cultural Heritage Notice” has the meaning in clause 9.1(b). “Cultural Heritage Response Notice” has the meaning in clause 9.2(b). “Environmental Authority” has the meaning in the Environmental Protection Act 1994. “Exclusion Zone” means: (a) an area that is registered or declared as being significant to Aboriginal people or of significance to Aboriginal tradition under a Law of the Commonwealth or State; or (b) an area identified in an Inspection Report in which an Aboriginal Object or an Aboriginal Site is located and where it is agreed or otherwise determined under these Conditions that no Exploration Activities are to occur. “Exploration Activities” means activities that may be conducted under the Exploration Tenement. “Exploration Activity Notice” has the meaning in clause 3. “Exploration Permit” has the meaning in the MRA. “Exploration Tenement” means an Exploration Permit. “Exploration Tenement Year” means the Year commencing on the date of the grant of the Exploration Tenement in each Year. “Explorer” means the holder of the Exploration Tenement. “Explorer’s Inspection Representative” means a person nominated by the Explorer to assist a Field Inspection Team in the conduct of a Field Inspection. “Explorer’s Representative” has the meaning in clause 3.4(a). “Field Inspection” means a visual inspection to identify any Aboriginal Sites or Aboriginal Objects conducted in accordance with clause 5. “Field Inspection Conclusion” means the date the Field Inspection Team ceases to undertake activities in relation to a Field Inspection in an Inspection Zone. “Field Inspection Notice” has the meaning in clause 6.1. “Field Inspection Team” means a team of people engaged to conduct a Field Inspection on behalf of the Nominated Native Title Parties which may include: (a) up to 8 inspectors nominated by the Notified Native Title Parties; and (b) an Anthropologist or an Archaeologist nominated by the Notified Native Title Parties. . -- 43 of 47 -- Version 1.1 - 6 August 2003 Page 24 of 27 “Ground Breaking Machine” means a machine that breaks the topsoil or surface rock including but not limited to a bulldozer, end loader, excavator, backhoe, rotary hoe, drill or ditch digger. “Ground Disturbance” means disturbance by machinery of the topsoil or surface rock layer of the ground. “GST” has the meaning given in the GST Law. “GST Law” includes the A New Tax System (Goods and Services Tax) Act 1999 (Cth), order, regulation or ruling which imposes or purports to impose or otherwise deals with the administration or imposition of GST on a supply of goods or services in Australia. “Inability Dispute” has the meaning in clause 18.2. “Inability Notice” has the meaning in clause 18.1. “Inability Response Notice” has the meaning in clause 18.1. “Inspection Day” means a day where a Field Inspection Team work to carry out Field Inspection activities for more than 3 hours (including travel within the Claim Area). “Inspection Report” means the written report produced following a Field Inspection complying with the requirements of clause 6. “Inspection Zone” means that part of the Notification Area that is within the Claim Area. “Land and Resources Tribunal” means the Land and Resources Tribunal established under the Land and Resources Tribunal Act 1999. “Law” includes all statutes, regulations and local laws. “Meeting Notice” has the meaning in clause 4.2. “Mining Registrar” has the meaning in the MRA. “Modified Exploration Activities” has the meaning in clause 6.4(e) and 6.8(c) and 9.6(d). “Monitor” means a person engaged by a Nominated Body to undertake Monitoring. “Monitoring” means the observation of Ground Disturbance to identify a potential Cultural Heritage Find. “Monitoring Conclusion” means the date that Monitors cease to undertake activities in relation to Monitoring in an Inspection Zone. “Monitoring Day” means a day where a Monitor works to carry out Monitoring activities for more than 3 hours (including travel within the Claim Area). "MRA" means the Mineral Resources Act 1989 (Qld). “Multiple Response Notices” has the meaning in clause 3.6. -- 44 of 47 -- Version 1.1 - 6 August 2003 Page 25 of 27 “Native Title” has the meaning in the NTA. “Native Title Claim” means (a) native title determination application(s) numbered [insert details of registered claim at 4 months after the notification day (see s.29(4) of the NTA) in relation to the tenement] or; (b) native title determination numbered [insert details of native title determination at 4 months after the notification day (see s.29(4) of the NTA) in relation to the tenement] “Native Title Parties” means [insert names of each: (a) registered native title body corporate; or (b) registered native title claimant; or (c) person being a determined holder of native title for the Native Title Claim 4 months after the notification day (see s.29(4) of the NTA) in relation to the tenement]. “Nominated Body” means: (a) a person; or (b) an association incorporated in accordance with the Associations Incorporation Act 1981 (Qld); or (c) a corporation incorporated in accordance with the Corporations Act 2001 (Cth); or (d) an Aboriginal corporation incorporated in accordance with the Aboriginal Councils and Associations Act 1976 (Cth); or (e) the trustee of a trust; nominated by the Native Title Parties and identified to the Explorer in accordance with clause 11.1(a) or clause 11.3. “Nominated Body Notice” has the meaning in clause 11.1. “Nominated Body Response Notice” has the meaning in clause 11.1. “Notification Area” in relation to a particular Exploration Activity Notice, means the area(s) of the proposed Exploration Activities within the Exploration Tenement. “Notified Native Title Parties” means each Native Title Party for each Native Title Claim within a Notification Area. "NTA" means the Native Title Act 1993 (Cth). “Outcomes Notice” has the meaning in clause 4.4. -- 45 of 47 -- Version 1.1 - 6 August 2003 Page 26 of 27 “Outcomes Response Notice” has the meaning in clause 4.4. “Part Inspection Day” means a day where a Field Inspection Team work to carry out Field Inspection activities for up to 3 hours (including travel within the Claim Area). “Part Monitoring Day” means a day where a Monitor works to carry out Monitoring activities for up to 3 hours (including travel within the Claim Area). “Program of Works” has the meaning in clause 3.4(g). “Receipt Date” has the meaning in clauses 16.2 and 16.3. “Recommendations Dispute” has the meaning in clause 6.5. “Recommendations Objection Notice” has the meaning in clause 6.5. “Registered Native Title Claimant” has the meaning in the NTA. “Response Notice” has the meaning in clause 3.4(h). "Safety Rules" means – (a) any rules that are reasonably specified from time to time by the Explorer; and (b) any requirements under any Law for the purpose of establishing and maintaining safe operating conditions in connection with the Exploration Tenement. “State” means the State of Queensland. “Taxable Supply” has the meaning given in the GST Law. “Tax Invoice” means a document that constitutes a tax invoice under the GST Law. “Year” means a calendar Year. -- 46 of 47 -- Version 1.1 - 6 August 2003 Page 27 of 27 SCHEDULE 2 DRAFT/SAMPLE FORMS -- 47 of 47 --