Great Sandy Desert Project Indigenous Land Use Agreement (ILUA) - Infrastucture

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 Indigenous Land Use Agreement - Infrastucture (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 to consent to tenure being granted, as required, for infrastucture in the ILUA area that will support Theia Energy's (Great Sandy Desert) Project.

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

Details of the Agreement

Commencement and Termination

The ILUA commences on the date when signed by both parties. This date is not specified in the Extract. It operates as an ILUA and in elation to the agreed future acts from the date of registration.

The ILUA may terminate:

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

Native Title Provisions

Right to negotiate

The parties agree that, for the duration of the ILUA, the right to negotaite provisions of the Native Title Act 1993 (Cth) do not apply to the grant of Infrastructure Tenure to Theia Energy Pty Ld.

Extinguishment

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

Future act provisions

The parties consent to:

• government authorities granting any tenure in the ILUA area, to Theia Energy, its subsidiaries and lawful assigness, that relate to infrastructure in the ILUA area supporting Theia Energy's (Great Sandy Desert) Project to develop petroleum resources in the Canning Basin.

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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