Great Sandy Desert Project - Exploration and Production Indigenous Land Use Agreement (ILUA)

Western Kimberley region

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 November 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Great Sandy Desert Project - Exploration and Production Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Theia Energy Pty Ltd and the Karajarri Traditional Lands Association (Aboriginal Corporation) Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is for the Karajarri Traditional Lands Association (Aboriginal Corporation) RNTBC's to provide consent to Theia Energy's Great Sandy Desert Project to explore and develop petroleum production in the ILUA area.

The Native Title Representative Body for this area is Kimberley Land Council Aboriginal Corporation.

Details of the Agreement

Commencement and Termination

The ILUA commences when signed by both parties. This date is unspecified in the Extract. It has effect as an ILUA and in relation to the agreed future acts from the date of registration.

The ILUA may terminate:

• automatically by the mutual written agreement of the parties;
• in accordance with general law; or
• on the date that Theia Energy Pty Ltd no longer holds any Project Tenure and has rehabilitated all disturbed areas in accordance with the ILUA and the general law.

Native Title Provisions

Right to negotiate

The parties agree that,  while the ILUA is registered, the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed future acts.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under the ILUA which may be inconsistent with native title rights and interests will not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions

The parties consent to:

• the granting, re-newal or re-making of the Project Tenure to Theia Energy Pty Ltd, its subsidiaries and assignees. Project Tenure includes all petroleum exploration permits, special prospecting authorities, access authorities, drilling reservations, petroleum retention leases and petroleum production licences as defined by the Petroleum and Geothermal Energy Resources Act 1967 (WA); and
• applications being made for the above tenures.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination John Dudu Nangkiriny and Others on behalf of the Karajarri People v Western Australia [2002] FCA 660 (Karajarri People (Area A)) (FCA file no.: WAD6100/1998; NNTT file no.: WCD2002/001).

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