ATNS - Agreements, Treaties and Negotiated Settlements project

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RTIO and Nyiyaparli Indigenous Land Use Agreement (ILUA)
Date:	13 March 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Pilbara region
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State/Country:	Western Australia, Australia
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	The Agreement Area covers all lands and waters within the external boundaries of the Nyiyaparli Claimant Application (WAD 6280/98 and NNTT No. WC05/6). The claim covers approximately 36684 square kilometres in the Pilbara region of Western Australia.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 March 2013. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: WI2012/007
Alternative Names:	The Rio Tinto Iron Ore and Nyiyaparli Indigenous Land Use Agreement (ILUA)
Subject Matter:	Mining and Minerals
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA_-_Registered_ILUA_-_RTIO_and_Nyiyaparli_ILUA_WI2012_007.aspx
Summary Information:
The RTIO and Nyiyaparli Indigenous Land Use Agreement (ILUA) is an Area Agreement between: Hamersley Iron Pty Ltd; Robe River Mining on its own behalf as a Venturer and as Manager for and on behalf of the Robe River Associates; Hamersely HMS Pty Ltd as Manager for and on behalf of the Hope Downs Joint Venturers; Hamersely Resources Ltd on its own behalf as a Venturer and as a Manager for and on behalf of the Rhodes Ridge Joint Venturers; and David Stock, Gordon Yuline, Raymond Drage, Billy Cadigan and Victor Parker on their own behalf as registered native title claimant and on behalf of the Niyayparli People. This Area Agreement was registered on 13 March 2013. The purpose of this agreement is to provide for certain mining activities.
Detailed Information:
Details of the Agreement Commencement and Termination This Agreement commenced on 7 July 2012. The extract notes that, subject to Clauses 13.3 and 18.3(c) of the Agreement, this ILUA terminates on: the termination of the Participation Agreement; and the registration of the First ILUA Where the 'Participation Agreement' is defined as an agreement entered into by RTIO and the Nyiyaparli People on 22 March 2011, and the 'First ILUA' is defined as an agreement entered into by the parties on 28 March 2012. Consent to Future Acts For the purposes of s 24EB(1) of the Native Title Act 1993 (Cth), the parties consent to all agreed future acts. The Right to Negotiate The right to negotiate provisions in subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), do not apply to any agreed act. Native Title in the ILUA Area The Agreement Area covers all the lands and water within the external boundaries of the Nyiyaparli Claimant application (WAD 6280/98 and NNTT No. WC05/6). The claim was registered on 29 November 2005.