Key Points:
Proponents of resources projects should take note: two
recent decisions of the National Native Title Tribunal provide
graphic illustration of how NOT to conduct native title
negotiations.
Two recent decisions (Collins v Nguddaboolgan, decided on 25
March 2015, and Rusa Resources v Wajarri Yamatji, decided on 2
April 2015) contain important pointers for proponents seeking to
avoid falling into the trap of having their negotiations found not
to have been conducted in good faith.
Negotiation between native title parties in good faith
Where a proposed mineral or petroleum exploration or production
permit will cover areas where native title has not been
extinguished, the grant of the permit will be invalid for native
title purposes unless an appropriate native title procedure has
been followed. The procedure most commonly used in these
circumstances is known as the "right to negotiate"
(RTN).
