FMG Pilbara Pty Ltd and Wintawari Guruma Aboriginal Corporation RNTBC Indigenous Land Use Agreement (ILUA)
|14 July 2010
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|Shire of Ashburton
|Western Australia, Australia
|This ILUA covers four mining tenement applications within an area comprising approximately 68 square kilometres of land in the Pilbara region in the state of Western Australia. The ILUA area is located around 180 kilometres southeast of Karratha, between Mt Margaret and the Hamersley homestead. It falls within the jurisdiction of the Shire of Ashburton.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 July 2010. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
|National Native Title Tribunal File No. WI2010/005
|Land Use | Mining and Minerals
|This Indigenous Land Use Agreement (ILUA) was agreed between FMG Pilbara Pty Ltd (Fortescue Metals Group) and the Wintawari Guruma Aboriginal Corporation RNTBC. The purpose of this ILUA is to provide consent for the grant and renewal of four mining tenements to FMG Pilbara Pty Ltd within the ILUA area.
|Pursuant to this ILUA, the parties consent to the grant and renewal to each of the four mining tenements with respect to which FMG Pilbara Pty Ltd has made application under the Mining Act
Right to negotiate provisions
The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) are not intended to apply to the grant or renewal of any such tenements.
Background on native title in the ILUA area
In the proceeding WAD 6208 of 1998, the Federal Court of Australia made a consent determination finding that the Eastern Guruma People had non-exclusive native title rights and interests over land that included the area covered by this ILUA. The Eastern Guruma People's native title rights included the right to possession, occupation and use of the 8,700 square kilometres of land that made up the Determination Area. This determination was the first native title claim to be negotiated in the Pilbara region.
The Wintawari Guruma Aboriginal Corporation RNTBC, which is one of the signatories to this ILUA, is the body administering the Eastern Guruma People's native title rights in land. It also administers the Eastern Guruma Pastoral Indigenous Land Use Agreement (ILUA) (National Native Title Tribunal File No. WI2006/004).