Simpson Desert Indigenous Land Use Agreement (Exploration Permit 97) (ILUA) |
| Date: | 20 February 2006 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | Simpson Desert |
| State/Country: | Northern Territory, Australia |
| The ILUA area is located in the Simpson and Perdika Basins, in the Simpson Desert, Northern Territory.
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:
“'Area' means that portions of the Simpson Desert being vacant Crown land and referred to as NT Portion 4207 the subject of Exploration Permit No. 97 held by RAWSON RESOURCES or of any Exploration Permit subsequently granted by the Northern Territory Minister of Business, Industry and Resource Development in regard to the same area as Exploration Permit No. 97 is located as shown on the map annexed [to the Agreeement] as Attachment A.”
The area is located in the ‘Unincorporated Areas – NT’ local government area, and within the area of the Alice Springs Regional Council. |
| Legal Status: | Registered with the National Native Title Tribunal | |
| Legal Reference: | National Native Title Tiribunal File No.: DI2005/0 | |
| Subject Matter: | Native Title | Mining and Minerals |
| Summary Information: | |
| The Simpson Desert Indigenous Land Use Agreement (Exploration Permit 97) (ILUA) was agreed between the Central Land Council and Rawson Resources NL on 20 February 2006.
The purpose of the ILUA is to provide consent for a range of acts, whether or not they are ‘future acts’, regarding the mining of petroleum and gas in the Simpson Desert. The exploration company Rawson Resources has the rights to Exploration Permit 97 which is the subject of this ILUA; they expect that the area will potentially produce several million barrels of oil. |
| Detailed Information: | |
The parties to the ILUA consent to the doing of the following:
All lawful exploration activities pursuant to the Exploration Permit;
The possible future grant of both a retention licence and a production licence;
Procedures to minimise the environmental impact of exploration and production activities as well as procedures to further the rehabilitation of the area; and
Ongoing access in order to fulfill rights and obligations under the Petroleum Act 1984 (NT).
The ILUA also provides for the protection of native title rights and interests, including the protection of sacred sites. This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
A compensation scheme for all future acts is also provided for.
The ILUA states that it will expire either on 20 February 2011 or the date on which Exploration Permit 97 expires. This expiration is subject to the express caveat that, should Rawson Resources be granted a production licence over the area, the ILUA will apply for the term of that production licence. The ILUA further states that should Rawson Resources wish to extend or renew this ILUA they must give notice to the Central Land Council no later than six months before the date of expiry after which the two parties must enter into good faith negotiations for its renewal. | |
