Barngarla/Central Eyre Iron Project Indigenous Land Use Agreement (ILUA)

Schedule 1 of the Extract from the Register of Indigenous Land Use Agreements describes the agreement area as covering all the land and waters within the external boundary of the following seven defined areas:

• Area 1 - the Onshore Port Area;
• Area 2 - the Mine Lease Boundary;
• Area 3 - the Long Term Employee Village;
• Area 4 - the Borefield Area;
• Area 5 - the Offshore operating area;
• Area 6 - the Infrastructure Corridor; and
• the Surrender Areas, where native title is surrendered and extinguished by the Barngala People, as defined in Part 2 of Schedule 1.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 1 December 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Barngarla/Central Eyre Iron Project Indigenous Land Use Agreement (ILUA) was made, under the Native Title Act 1993 (Cth), between:

• Iron Road Limited;
• the Honourable John Rau, Attorney-General for and on behalf of the Crown in right of South Australia;
• the Barngarla Aboriginal Corporation;
• Mr Barry Croft, Mr Elliot McNamara and Mr Howard Richards on behalf of the Barngarla Native Title Claim Group; and
• South Australian Native Title Services Limited.

The two parts of the agreement area cover about 145.7 sq km. One part is outside Wudinna and the other extends from Warrambooo to south west of Port Neill.

The purpose of the agreement is to provide consent to mining activities in the native title claim area. The agreement allows for the development of the Central Eyre Iron Project and includes the CEIP Mine, the Accommodation Village, the Rail Line, the Port, the Powerline and the Water Borefield Pipeline, but excludes any and all exploratory operations pursuant to any exploration licence held by any member of the Iron Road Group.

Details of the Agreement:

The agreement area is the part of the lease area held by the Consolidated Pastoral Company Pty Limited, under the Land Act 1994 (Qld), which falls within the native title claim area.

The agreement allows for the development of the Central Eyre Iron Project and includes the CEIP Mine, the Accommodation Village, the Rail Line, the Port, the Powerline and the Water Borefield & Pipeline, but excludes any and all exploratory operations pursuant to any exploration licence held by any member of the Iron Road Group.

Commencement:

The agreement (other than clause 3) commenced on the date of execution (8 March 2016).

Termination:

The agreement continues until:

• the permanent cessation of all operations;
• the date upon which all of the tenements and ancillary approvals/contracts have expired or terminated for whatever reason;
• the date upon which all of the land interests permanently cease to be used for any purposes related directly or indirectly in any way to the Central Eyre Iron Project; or
• Iron Road has fully complied with its rehabilitation and mine closure obligations in relation to each of the tenements, under each program for environment protection and rehabilitation (PEPR) and the Mining Act 1971 (SA).

Native Title Provisions:

The Extract notes that the agreement contains statements of the kind which are mentioned in subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth) ('the NTA') and so the consequences set out under these sections are triggered by this agreement.

Future act provisions:

For the purposes of section 24EB of the NTA, the parties consent to any person (including the Commonwealth and the State) doing each future act under the ILUA which relates directly or indirectly in any way to the Central Eyre Iron Project, including Iron Road, any related body corporate of Iron Road, and/or any third party doing any of the following future acts:

• applying for and obtaining the grant of any ancillary approval/contract, any extractive minerals lease and/or any mineral lease;
• acquiring any land interest in relation to the CEIP Mining Lease, the Accommodation Village, the Rail Line, the Powerline, the Water Borefield Pipeline and/or the Port;
obtaining the grant to it of any land Interest by the State; and
• undertaking operations in the agreement area which relate directly or indirectly in any way to the Project.

Right to negotiate:

The parties agree that Subdivision P of Division 3 of Part 2 of the NTA, or any alternative State scheme approved pursuant to section 43 of the NTA (which deals with the right to negotiate), is not intended to apply to the doing of any future act by any person (including the Commonwealth and the State) within the agreement area which relates directly or indirectly in any way to the Project. This means that the parties agree that the right to negotiate provisions of the NTA do not apply.

Non-extinguishment:

Subject to clause 3.4(b) of the agreement, the non-extinguishment principle applies to each future act done by any person (including the Commonwealth and the State) within the agreement area during the term which relates directly or indirectly in any way to the Project. This means that under s 24 EB(3) of the NTA any of the activities authorised under this agreement which may be insconsistent with native title rights and interest do not extinguish these rights and interests, instead they are revived when the activities are finished.

Extinguishment:

The Barngarla People surrender to the State all of their native title rights and interests in relation to the land and/or waters as specified in Part 2 of Schedule 1. The extinguishment, as so surrendered, will occur immediately before the grant to a member of Iron Road or a third party of a land interest in respect of those land and/or waters.

Native Title in the ILUA Area:

The Barngarla Native Title Claim was determined by the Federal Court of Australia (FCA) on 23 June 2016 in the proceeding Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 (see FCA File No.: SAD6011/1998; NNTT File No.: SCD2016/001). While native title was determined to exist in parts of the determination area the determination did not take effect until the date of an amended order on 6 June 2018.

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