FMG - Kariyarra Land Access Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 5 of the Agreement, as the land and waters which are covered by any one or more of the native title determination applications:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 8 March 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The FMG-Kariyarra Land Access Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• Chichester Metals Pty Ltd (Formerly FMG Chichester Pty Ltd);
• Fortescue Metals Group Ltd (FMG);
• Pilbara Infrastructure Pty Ltd; and
• Cyril Gordon, Kerry Robinson and Donny Wilson for and on behalf of the Kariyarra People.

The agreement area covers about 17,354 sq km, in the vicinity of Port Hedland, approximately 70km east of Roebourne. 

The purpose of the agreement is to consent to access and mining activities in the agreement area.

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Details of the Agreement:

Commencement and Termination:

This agreement commences when executed by all the parties, and 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 to the grant or renewal of any Project Tenure.

Future Act Provisions:

The Extract notes that consent for the granting and renewal of all Project Tenure includes consent to:

• the grant and renewal of all Project Tenure (meaning all Railway, Port and Mining Tenure);
• any required ancillary licences under the Mining Act 1978(WA), Mining Regulations 1981 (WA), Petroleum Pipelines Act 1969 (WA), Land Administration Act 1997 (WA), and the Rights in Water and Irrigation Act 1914(WA);
• any exploration or prospecting licence wholly or partly within the agreement area
• mining operations for the purposes of or in connection with the extraction of minerals;
• the processing, extraction and commercial sale of minerals;
• the construction, maintenance, development or installation of plant, facilities and infrastructure;
• all other activities which FMG consider necessary, incidental or conducive to the extraction of minerals; and
• exploration by FMG within the land and waters which are the subject of the exploration licences.

Native Title in the Agreement Area:

The agreement area wholly covers the determination area in Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia (Federal Court File Nos.: WAD6169 of 1998, WAD232 of 2009, WAD47 of 2014; National Native Title Tribunal No: WCD2018/015). Here, native title was recognised by consent to exist in parts of the determination area, and to not exist in areas that include the sea area.

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