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Nyiyaparli and BHP Billiton Comprehensive Agreement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 1 July 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Pilbara Region

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA about 36,874 sq km located in the vicinity of Newman and extending 120 km north towards Marble Bar and 88 km northwest toward Tom Price. See Schedule 1 of the ILUA for a map of the area, below under documents. The agreement area is within the jurisdiction of the Ashburton, East Pilbara, Meekatharra and Wiluna Shire Councils.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 6 September 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2019/003
Subject Matter:Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2019/003
Summary Information:

The Nyiyaparli and BHP Billiton Comprehensive Agreement Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • BHP Billiton Iron Ore Pty Ltd for and on behalf of BHP Billiton Minerals Pty Ltd as agent, BHP Iron Ore (Jimblebar) Pty Ltd) as agent, BHP Direct Reduced Iron Pty Ltd as agent, the participants in the Mount Goldsworthy Mining Associates Joint Venture as at the commencement date as manager and agent, the participants in the Mt Newman Mining Associates Joint Venture as at the commencement date as manager and agent, and the participants in the Yandi Joint Venture as at the commencement sate as manager and agent; and
  • the Karika Nyiyaparli Aboriginal Corporation Registered Native Title Body corporate (RNTBC).

The purpose of the agreement is for the native title holders to consent to BHP Billiton's Iron Ore Business.

The Native Title Representative Bodies for the ILUA area is Central Desert Native Title Services and the Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

Details of the Agreement

Commencement:

The ILUA commences on the date signed by all parties, 1 July 2019. It operates as an ILUA from the date of its registration, 6 September 2019.

Termination:

The ILUA will terminate on the earlier of:

  • the termination of the Comprehensive Agreement between the Nyiyaparli People and BHP Billiton, as amended from time to time;
  • the written agreement of the parties; or
  • if removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the agreed future acts.

Extinguishment

Future act provisions

The parties consent to BHP Billiton's Iron Ore Business, meaning the elements of iron ore exploration, mining, transport, processing, and treatment in the Pilbara region, and all acts incidental to it including the granting of all interests or approvals necessary.

The Karlka Nyiyaparli Aboriginal Corporation RNTBC and the Nyiyaparli People agree to do all lawful things within their power to assist in the granting of the approvals and all elements of BHP Billiton's Iron Ore Business, as well as to not encourage or assist any other person to challenge the validity of BHP Billiton's Irone Ore Business.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Stock on behalf of the Nyiaparli People v State of Western Australia (No 5) [2018] FCA 1453.


Related Entries

Organisation
  • National Native Title Tribunal
  • BHP Billiton Iron Ore Pty Ltd - Signatory
  • Karlka Nyiyaparli Aboriginal Corporation RNTBC - Signatory
  • Central Desert Native Title Services Ltd
  • Yamatji Marlpa Aboriginal Corporation
  • Shire of Ashburton
  • Shire of East Pilbara
  • Shire of Meekatharra
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Nyiyaparli people

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2019/003 as at 17/6/2020 (Nyiyaparli and BHP Billiton Comprehensive Agreement ILUA) - ( PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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