ATNS - Agreements, Treaties and Negotiated Settlements project

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Jabiluka Long-Term Care and Maintenance Agreement
Date:	1 January 2005
Sub Category:	Mining Agreement (Aboriginal Land Rights (Northern Territory) Act)
Place:	Jabiluka
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State/Country:	Northern Territory, Australia
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	Jabiluka Mineral Lease, adjacent to the boundaries of Kakadu National Park, north east Northern Territory.
Legal Status:	Yet to be approved by Commonwealth Minister (Minis
Subject Matter:	Mining and Minerals \| Consultation
Summary Information:
Under the Jabiluka Long-Term Care and Maintenance Agreement between the Aboriginal traditional owners of the area - the Mirrar people - and Jabiluka Mineral Lease holders Energy Resources Australia (ERA), no mining activity will be conducted on the lease without the informed written consent of the Mirrar. This agreement formalises the commitment made in September 2002 by then Rio Tinto chairperson Sir Robert Wilson, that there would be no mining at Jabiluka without the consent of the Mirrar. The Mirrar, through their representative organisation Gundjehmi Aboriginal Corporation, spent the following 18 months seeking that commitment in writing - resulting in this agreement. The agreement also sets out provisions for the Jabiluka mine decline to be back-filled, although this has already been done - the hole in the ground that was created when uranium ore was dug out of the site in the late 1990s was filled in with the ore in late 2003. Some previously existing financial obligations of ERA have also been waived. ERA is majority owned by mining and resources company Rio Tinto. The Northern Land Council, acting under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) is also party to the agreement and the full council ratified the agreement on 22 April 2004.
Detailed Information:
The Northern Land Council, acting under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) is also party to the agreement and the full council ratified the agreement on 22 April 2004. The agreement is yet to be approved by Commonwealth Minister (Minister for Indigenous Affairs, Amanda Vanstone), in accordance with the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). However, 30 days have elapsed since the Northern Land Council ratified the agreement. Accordingly, the Minister shall be deemed to have consented to the agreement under section 42(9) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).