ATNS - Agreements, Treaties and Negotiated Settlements project

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Yawuru Ungani Project Indigenous Land Use Agreement (ILUA)
Date:	24 June 2015
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Broome
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State/Country:	Western Australia, Australia
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	The Agreement Area covers approximately 59 sq km 95 km east of Broome in the State of Western Australia.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 June 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:WI2015/002
Subject Matter:	Land Use \| Native Title \| Petroleum
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2015/002
Summary Information:
The Yawuru Ungani Project Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - Buru Energy Pty Ltd; - Diamond Resources (Fitzroy) Pty Ltd; and - Yawuru Native Title Holders Aboriginal Corporation RNTBC. The Agreement provides consent for a Project within the Agreement Area that includes exploration for petroleum resources.
Detailed Information:
Commencement The Agreement was registered with the Register of Indigenous Land Use Agreements on 24 June 2015. The Extract does not specify a start or end date for the Agreement. The Extract does, however, state that the Agreement commences on the Commencement Date. That date is defined as the date on which all parties complete execution of the Agreement. Expiry Unless terminated pursuant to Clause 31, the Agreement will expire when either of following events, which ever occurs first, occurs: - each Project Title in the Agreement Area is terminated or has expired and the Joint Venture Participants or Yawuru Native Title Holders Aboriginal Corporation gives written notice to terminate the Agreement; or - the parties, by written notice, terminate the Agreement. On expiration, subject to Clause 5.5 of the Agreement, parties will be released from further compliance with the terms of the Agreement. Native Title Provisions Future Acts The parties consent to the grant of the Project Titles and Project Approvals, to the extent that they are Future Acts. Right to Negotiate Part 2, Division 3, Subdivision P of the Native Title Act is not intended to apply to the grant of any Project Title or Project Approval. Project The Project includes: - exploration for petroleum; - extraction, producing, refining or transporting liquid petroleum and associated gases; - activities approved as a Material Change or agreed to in writing by the Yawuru Aboriginal Corporation; - planning, design, operation, decommissioning and rehabilitation of the Project and Project Area. The Project does not include fraccing or the commercial production of natural gas within the Agreement Area. Project Activities Project Activities includes any activities lawfully undertaken or to be undertaken by or on behalf of the Joint Venture Participants for the express purpose, or in connection with, the Project. Project Approval Project Approval includes any authorisation, permit, licence, approval, certificate, consent, direction or notice (including any renewals, replacement or extension) from any Government Agency, for the purpose of, associated with or in connection with the Project or Project Activities, applied for or held by any entity on behalf of the Joint Venture Participants other than a Heritage Approval. Project Titles Project Titles includes the following titles and interests: (a) a Production Licence; (b) the Project Pipeline Licence; (c) the Infrastructure Easement; (d) the Load Out Facility Lease; and (e) any ancillary titles or interests that are in the opinion of the Joint Venture Participants (acting reasonably) needed from time to time for the development, operation, closure and rehabilitation of the Project or for the construction and operation of the Project Infrastructure. Native Title in the ILUA Area The Rubibi Determination was made by the Federal Court of Australia on 28 April 2006 ([2006] FCA 459 as amended by Western Australia v Sebastian [2008] FCAFC 65). That Consent Determinations impacts the claimant applications WAD6006/1998 and WAD223/2004 and includes any varied determination which may be made in the future under section 13(4) of the Native Title Act or any other Approved Determination of Native Title which may be made in the future following revocation of the existing determination. Yawuru country is comprised of the lands and waters within the external boundaries of the Rubibi Determination.