Have faith: Guidance on common issues in native title negotiations

Key Points:

One party's efforts to get around roadblocks in native title negotiations did not mean the negotiations were not conducted in good faith.

There is useful guidance to mining and petroleum project proponents on an array of commonly-faced issues when negotiating with native title parties generally and more specifically, in relation to their obligation to negotiate in good faith as part of the right to negotiate process under the Native Title Act 1993 (Cth) in the recent decision of Adani Mining Pty Ltd / Jessie Diver & Ors on behalf of the Wangan and Jagalingou People / State of Queensland [2013] NNTTA 30, the last to be handed down by the outgoing President of the National Native Title Tribunal. Clayton Utz acted for Adani Mining Pty Ltd.