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

Pilbara Region

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).

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.

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

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