Common use of Survey Methodology Clause in Contracts

Survey Methodology. 12.1 If it is determined by the HSP that a Heritage Survey is required, then the methodology to be adopted and the report delivered will be in accordance with this clause. 12.2 The Grantee will discuss the Heritage Survey methodology with the Heritage Service Provider, with a view to determining which methodology is fit-for- purpose, having regard to the Claimant Group’s concerns for the area in and about the Affected Area, the Current Work Program and any other relevant factors reasonably raised by either Party. 12.3 If it is determined by the HSP that a Heritage Survey is required, then the Heritage Service Provider has sixty (60) days from receipt of the Heritage Notice to organise the appropriate Heritage Survey. 12.4 Subject to clause 12.5, the Claimant Group is not obliged or required to provide culturally sensitive information to the Grantee. 12.5 The information provided by the Claimant Group and recorded in the Final Survey Report will be determined as follows: (a) Where the Grantee provides details in its Heritage Notice only of a particular Exploration Activity to be undertaken pursuant to its Current Work Program, the Final Survey Report will clearly indicate (using maps and co-ordinates) that part of the Exploration Activity that is Cleared or Not Cleared. Should the proposed activities materially change then a new Heritage Notice must be issued and new Heritage Survey be undertaken if reasonably required by the HSP, unless the Parties otherwise agree. (b) Where the Grantee provides details in its Heritage Notice of a range of possible Exploration Activities in an area (including activities outside its Current Work Program), the Final Survey Report will clearly indicate (including by using plans, maps and co-ordinates) any parts of that area to be avoided because they contain Aboriginal Sites. (c) Where any of the following applies: (i) a Heritage Survey that the Claimant Group accepts as valid has been conducted and a Final Survey Report completed pursuant to 12.5(a) or 12.5(b) above; or (ii) an Ethnographic Survey in relation to the relevant area which the Claimant Group accepts as valid has been completed; or (iii) an Archaeological Survey in relation to the relevant area which the Claimant Group accepts as valid has been completed; and (iv) the Grantee provides details in its Heritage Notice of possible future developments (outside what is permitted by the Tenement, such as the possible location of a mine), then the Final Survey Report will give a clear indication of the ethnographic landscape, such that the Grantee can understand the heritage situation in order to facilitate consultation between the Parties about any proposed future mine and/or mine infrastructure development.

Survey Methodology. 12.1 If it is determined by the HSP that a Heritage Survey is required, then the methodology to be adopted and the report delivered will be in accordance with this clause. 12.2 The Grantee will discuss the Heritage Survey methodology with the Heritage Service Provider, with a view to determining which methodology is fit-for- purpose, having regard to the Claimant GroupNative Title Party’s concerns for the area in and about the Affected Area, the Current Work Program and any other relevant factors reasonably raised by either Party. 12.3 If it is determined by the HSP that a Heritage Survey is required, then the Heritage Service Provider has sixty (60) days from receipt of the Heritage Notice to organise and ensure the appropriate Heritage SurveySurvey is undertaken. 12.4 Subject to clause 12.5, the Claimant Group Native Title Party is not obliged or required to provide culturally sensitive information to the Grantee. 12.5 The information provided by the Claimant Group Native Title Party and recorded in the Final Survey Report will be determined as follows: (a) Where the Grantee provides details in its Heritage Notice only of a particular Exploration Activity to be undertaken pursuant to its Current Work Program, the Final Survey Report will clearly indicate (using maps and co-ordinates) that part of the Exploration Activity that is Cleared or Not Cleared. Should the proposed activities materially change then a new Heritage Notice must be issued and new Heritage Survey be undertaken if reasonably required by the HSP, unless the Parties otherwise agree. (b) Where the Grantee provides details in its Heritage Notice of a range of possible Exploration Activities in an area (including activities outside its Current Work Program), the Final Survey Report will clearly indicate (including by using plans, maps and co-ordinates) any parts of that area to be avoided because they contain or may contain Aboriginal Objects and/or Aboriginal Sites. (c) Where any of the following applies: (i) a Heritage Survey that the Claimant Group Native Title Party accepts as valid has been conducted and a Final Survey Report completed pursuant to 12.5(a) or 12.5(b) above; or (ii) an Ethnographic Survey in relation to the relevant area which the Claimant Group Native Title Party accepts as valid has been completed; or (iii) an Archaeological Survey in relation to the relevant area which the Claimant Group Native Title Party accepts as valid has been completed; and (iv) the Grantee provides details in its Heritage Notice of possible future developments (outside what is permitted by the Tenement, such as the possible location of a minemine and/or road), then the Final Survey Report will give a clear indication of the ethnographic landscape, such that the Grantee can understand the heritage situation in order to facilitate consultation between the Parties about any proposed future mine and/or mine infrastructure development.