ATNS - Agreements, Treaties and Negotiated Settlements project

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Kokatha Native Title Claim Settlement Indigenous Land Use Agreement (ILUA)
Date:	3 September 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Lake Torrens
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State/Country:	South Australia, Australia
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	The Agreement Area covers about 30,372 sq km extending approx. 129 km west of Lake Torrens in the State of South Australia.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 December 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:SI2014/011
Subject Matter:	Land Settlement \| Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=SI2014/011
Summary Information:
Kokatha Native Title Claim Settlement Indigenous Land Use Agreement (ILUA) is an Body Corporate Agreement between: - Attorney-General and the Minister for Mineral Resources and Energy on behalf of the State of South Australia; and - Kokatha Aboriginal Corporation RNTBC; and - BHP Billiton Olympic Dam Corporation Pty Ltd ABN 99 007 835 761. The Agreement relates to the Olympic Dam Project.
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 2 December 2014. The Extract does not provide a specific start or end date for the Agreement. The Extract notes that Clauses 1 - 8 of the Agreement commence on the Date of Execution, being 3 September 2014. These Clauses (subject to Clause 4.3) will continue indefinitely. The remaining Clauses of the Agreement commence on the Registration Date, being 2 December 2014. These Clauses continue indefinitely unless the Agreement is removed from the Register. If the Agreement fails to be registered with the Register within 12 months of the Execution Date, Clauses 1 - 8 may be terminated by written agreement by the parties. Similarly, if details of the Agreement are removed from the Register (pursuant to section 199C of the Native Title Act), the Agreement will remain contractually binding on the parties. The Extract notes that this provision relates particularly to Clauses: 12, 15 - 22, 38, 39, 40, 42, 45, 50, 51 and Part 6. These Clauses and Part 6 will remaining binding on: (a) the Parties to the Agreement; and (b) all persons entitled to any of the benefits or compensation provided under the Agreement. Native Title Provisions Future Acts Acts done within the Agreement Area before the Registration Date (2 December 2014) which would otherwise be invalid, are validated by the parties. These Acts include: - grant of interests and surrender of Native Title rights and interests (see Schedule 2); - grant and continuation of an occupational licence to Andamooka Progress and Opal Miners Association (APOMA); - grant of an occupational licence for purpose of concrete and cement business; - dedication of land for playground purposes and care and control of that playground conferred upon APOMA; - dedication of land for water purposes and care and control of that playground conferred upon APOMA; - constructions and improvements; - grant of Miscellaneous Purposes Licences to Oz Minerals Prominent Hill Pty Ltd; - registration of Precious Stones Tenements within the Agreement Area and carrying out of opal mining within those tenements; - carrying out opal mining operations; - all acts under the Olympic Dam Project Act; and - construction or establishment of public works. Surrender of Native Title Clause 12.2 provides that the surrender of Native Title over the land (listed in Schedule 2) is intended to extinguish all Native Title rights and interests in that land. Under Clause 17.4, Native Title surrendered for the purpose of granting land to the Corporation (BHP Billiton Olympic Dam Pty Ltd) wholly extinguishes Native Title rights and interests. Under Clauses 12.3 and 31.1, where an Olympic Dam Project Act consists of a grant of freehold estate, the Kokatha People surrender their Native Title rights and interests in the area. Olympic Dam Project For the purpose of s24EB of the Native Title Act BHP Billiton and the Kothaka People consent to: - the doing of al Olympic Dam Project Acts; and - all activities required, permitted or contemplated by the Olympic Dam Project Act, after the Registration Date on 2 December 2014. The parties consent that the Right to Negotiate under Subdivision P of Part 2 Division 3 of the Native Title Act do not apply to any activities consented to. Opal Mining Operations Clause 22.6 of the Agreement provides that: "the effect of sections 24AB (1) and 24EB of the Native Title Act is that Subdivision P of Part 2 Division 3 of the Native Title Act and any approved alternative scheme under section 43(1) of the Native Title Act including Part 7 of the Opal Mining Act 1995 (SA) has no operation in relation to the acts or activities consented to under Clause 22." Interests in Pimba Under Clause 19.2, BHP Billiton and the Kothaka People consent to: - (i) "the State dedicating Allotment 31 DP28086 Out of Hundreds (Torrens), in the town of Pimba, pursuant to the Crown Land Management Act 2009 (SA) for war memorial purposes and placing it under the care, control and management of the Outback Communities Authority: (ii) the construction of a war memorial on the land; and (iii) the carrying out of all activities on the land consistent with its dedication." Native Title in the ILUA Area The Agreement Area covers all the lands and waters within the external boundary of the Kullilli People Native Title Determination (QC2009/001; QUD80/2009), as accepted for registration 19th October 2011. On 2 July 2014 in the Federal Court decision in consent determination Smith on behalf of the Kullilli People v State of Queensland [2014] FCA 691 it was found that native title exists in the entire determination area.