Alinta-Kariyarra Electricity Infrastructure Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule two of the Agreement, as the lands and waters within the external boundary detailed in that schedule.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on the 2 November 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Alinta-Kariyarra Electricity Infrastructure Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between Alinta Dewap Pty Ltd and Cyril Gordon, Donny Wilson and Kerry Robinson, in their capacity as registered native title claimaint in respect of claimant application WAD6169/1998 on behalf of the Kariyarra People.

The agreement area covers about 16,000 sq km and extends from about 50 km seaward to about 180 km inland of the town of Port Hedland.

The purpose of the agreement is to provide consent to Alinta to use the land in the ILUA area to design, construct, operate, maintain, close and rehabilitate their facilities in order to carry out their business of providing electricity.

Native Title Representative Bodies for this area are the Kimberley Land Council Aboriginal Corporation and the Yamatji Marlpa Aboriginal Corporation.

Agreement area:

The agreement area covers about 16,000 sqkm and extends for 50km seaward to about 180km inland of the town of Port Hedland. It includes crown land, and a development area which is the part of the agreement area that is east and north of the Turner River. Facilities for Alinta's business exist within the agreement area and may take the form or plants, buildings, structures and apparatuses that are in connection with the generation of electricity.

Commencement:

The ILUA commences and is binding on the date it is executed by all parties (15 March 2018). The agreement has effect as an ILUA from its date of registration (2 November 2018).

Termination:

This agreement will continue without limit unless it is either terminated by the parties written mutual agreement, or by written notice given from either party, subject to the terms of the agreement.

Native Title Provisions:

Right to negotiate

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

Future act provisions

The parties consent to the doing of certain agreed acts in relation to the Crown land in the ILUA area which are necessary or desirable in relation to the doing of Alinta's business. Those acts include:

• the grant and renewal of any lease or licence under the Land Administration Act 1997 (WA);
  
• the grant and renewal of any easement under the Land Administration Act 1997 (WA), the Electricity Industry Act 2004 (WA) or the Petroleum Pipelines Act 1969 (WA); and;
• the grant and renewal of any miscellaneous licence under the Mining Act 1978 (WA)

Native Title in the Agreement Area:

The agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia (No 2) [2018] FCA 1990. (FCA File Nos.: WAD6169/1998, WAD232/2009, WAD47/2014, NNTT File No.: WCD2018/015)

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