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RTIO and Nyiyaparli People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 February 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Central Desert

State/Country:Western Australia, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as east of Meekathara and Tom Price, south of Marble Bar. For details of the area see schedule one for a detailed description and schedule two for a map of the area, attached below under documents. The area is within the jurisdiction of the Shire of Ashburton, Shire of East Pilbara, Shire of Meekatharra and Shire of Wiluna Councils.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11/05/2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: WI2020/001
Alternative Names:
  • Rio Tinto Iron Ore and Nyiyaparli People Indigenous Land Use Agreement
  • Subject Matter:Future Act | Mining and Minerals | Native Title
    URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2020/001
    Summary Information:

    The RTIO and Nyiyaparli People Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA), between the following signatories:

    • Hamersley HMS Pty Ltd as a manager for and on behalf of Hamersley WA Pty Ltd, Hope Downs Iron Ore Pty Ltd, and Hamersley Iron Pty Limited;
    • Hamersley Resources Ltd on its own behalf as a venturer and as a manager for and on behalf of Hamersley Resources Ltd, and Wright Prospecting Pty Ltd;
    • Robe River Mining Co Pty Ltd on its own behalf as a venturer and as a manager for and on behalf of Robe River Mining Co Pty Ltd, Mitsui Iron Ore Development Pty Ltd, Cape Lambert Iron Associates, Pannawonica Iron Associates, North Mining Limite; and
    • Karlka Nyiyaparli Aboriginal Corporation (KNAC) Registered Native Title Body Corporate (RNTBC).

    The purpose of the ILUA is to consent to and support the existing mining operations of RTIO's Pilbara Iron Ore Business within the ILUA area.

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

    Detailed Information:

    Details of the Agreement:

    Agreement area:

    The ILUA area covers about 36,874 sq km and is located approximately 267 km north east of Meekatharra, 118km south of Marble Bar and 147km east of Tom Price. For more information please see the map attached in schedule two below.

    The Extract from the Register of Indigenous Land Use Agreements describes the agreement area as the area of native title determined in Stock on behalf of the Nyiyaparli v State of Western Australia (No. 5) [2018] FCA 1453 (WAD6280/1998; WAD196/2013, NNTT: WCD2018/008).

    Commencement:

    The ILUA is binding from the date it was signed by all the parties, 27 February 2020.

    Termination:

    The ILUA terminates when the Participation Agreement (not included in the NTTT Extract) is terminated or when the agreement is terminated in writing by RTIO and KNAC.

    Native Title Provisions:

    Right to negotiate:

    The parties agree that the right to negotiate provisions of the NTA do not apply.

    Extinguishment:

    This ILUA does not include any statements of the kind outlined under s 24EB(3) of the NTA. There is no statement to the effect that the surrender is intended to extinguish the native title rights and interests and therefore, the non-extinguishment principle applies.

    Future act provisions:

    In accordance with s 24EB(1) of the NTA, the parties consent to all agreed future acts, without conditions but in accordance with the agreement. No future acts will be done in relation to any 'Special Cultural Significance Areas.' Future acts to be done are for the purpose of development, operation, or expansion of RTIO's Pilbara Iron Ore Business.

    They are in relation to new power, water, rail, road, and infrastructure works.

    The agreed future acts also include iron ore processing, construction camps, town and accommodation infrastructure in the ILUA area. Page 3 of the Extract (see in documents below) includes a detailed list of each specific future act.

    Native Title in the Agreement Area:

    The ILUA area is within the area of the native title determination Nyiyaparli v State of Western Australia (No. 5) [2018] FCA 1453 (WAD6280/1998, WAD196/2013, NNTT: WCD2018/008).


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Hamersley HMS Pty Ltd as manager for and on behalf of others - Signatory
  • Hamersley Resources Ltd as manager for and on behalf of others - Signatory
  • Robe River Mining Co Pty Ltd on its own behalf as a venturer and as a manager for others - Signatory
  • Karlka Nyiyaparli Aboriginal Corporation RNTBC - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • 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 WI2020/001 as at 11/05/2020 - ( PDF | PDF | 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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