FMG-Nyiyaparli Land Access Indigenous Land Use Agreement (ILUA) WI2016/003

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Appendix 4 of the application for registration of the agreement, as all the land and waters that are covered by the native title determination applications: David Stock & Ors on behalf of the Nyiyaparli v State of Western Australia (Nyiyaparli) (Federal Court File No.: WAD6280/1998) and/or David Stock Ors v State of Western Australia (Nyiyaparli People #3) (Federal Court File No.: WAD 196/2013); and not covered by the native title determination application Betty Peterson Ors v State of Western Australia (Wunna Nyiyaparli People) (Federal File Court No.: WAD22/2012).

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 6 September 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The FMG-Nyiyaparli Land Access Indigenous Land Use Agreement (ILUA) was made between:

The agreement area covers about 33248 sq km, encompassing Newman and surrounds, in and east of the Hamersley Range, Western Australia

The purpose of the agreement is to provide the Nyiyaparli People's consent to the grant and renewal of FMG's Project tenure (railway, port and mining).

The Native Title Representative Body for this area is Central Desert Services and the Yamatii Marpla Aboriginal Corporation.

Details of the Agreement:

The agreement provides the Nyiyaparli People's consent for the grant and renewal of all Fortescue Metal Group's Project Tenure. The Extract defines Project Tenure as:

1. railway tenure, which means any tenure necessary or desirable to construct or operate the railway infrastructure;
2. port teunure, which means any present or future tenure which may be necessary or desirable for the construction and operation of port infrastructure; and
3. mining tenure, which means any exploration licence, ancilliary licence, mining lease and water extraction authority that FMG acting reasonably considers necessary or desireable for FMG Mining operations.

Commencement:

The agreement commences upon being executed by the parties.

Termination:

The agreement continues for the life of the Project.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply with respect to the agreed grant and renewal of Project Tenure.

Future act provisions

The Extract notes that the parties agree and consent to the grant and renewal of Project Tenure to the extent which they are future acts for the purposes of ss 24EB(1)(b) and (c).

Native Title in the Area:

The ILUA is located within the native title determination Stock on behalf of the Nyiyarpali People v State of Western Australia (No. 5) [2018] FCA 1453 (NNTT file no.: WCD2018/008; FCA file no.: WAD6280, WAD196/2013). The agreement area is not covered by native title determination application Betty Peterson & Ors v State of Western Australia (Wunna Nyiyaparli People (FCA File No.: WAD22/2012).

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