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Section 31 agreements
Dual deed system
Queensland has a 'dual deed' system, which means that the applicant and the native title party generally have 2 agreements: the section 31 deed and ancillary agreement (i.e. private agreement).
The ancillary agreement covers the confidential components, such as land access arrangements, conduct and compensation arrangements, and the protection of native title rights and interests and cultural heritage. This confidential agreement is not usually submitted to the National Native Title Tribunal.
Most agreements include a cultural heritage management plan to ensure the continued protection of cultural heritage values in the land.
Section 31 template
We have developed a section 31 deed template that you can use for the expedited procedure or right-to-negotiate process. By signing this deed, the parties confirm that they've negotiated and executed an ancillary agreement, received independent legal advice and consented to the grant.
Once signed, you need to submit the section 31 deed to us to consider and execute, which completes the native title process.
The applicant and native title party are responsible for negotiating and completing any agreement. However, we may be able to advise on or assist with components of the agreement.
Contact us to request the section 31 deed.
No native title party
If no native title party is registered for the area of a grant that meets the NTPCs, you need only comply with cultural heritage legislation - the Aboriginal Cultural Heritage Act 2003 and Torres Strait Island Cultural Heritage Act 2003.