| Details of the Agreement
Commencement
The ILUA commences on and from 23 December 2011. However, certain clauses only take effect on and from the confirmation date. The confirmation date is not, however, specified in the ILUA extract.
Agreement
The parties consent to the grant and renewal of pending exploration licences, future titles, and mining tenements, easements and licences.
Whilst this ILUA is registered, the right to negotiate provisions under the Native Title Act 1993 (Cth) do not apply to the grant or renewal of any pending exploration licence or future title.
The parties agree to the validating of the existing exploration licences if and to the extent that they have been done invalidly.
The parties consent and agree to:
- the grant of future titles;
- the regrant, extension of term or renewal of the future titles;
- the holder of future titles (once granted) exercising their rights and discharging their obligations under each title;
- the regrant, extension of the term, or the renewal of the existing exploration licences in accordance with the Mining Act 1978 (WA);
- the grant to Holocene, regrant, extension of the term or renewal of prospecting licences or other exploration licences within the project area;
- the grant to Holocene, regrant, extention of the term and renewal of retention leases within the area;
- Holocene exercising its rights and discharging its obligations under any such prospecting licences, other than exploration licences or retention leases within the Project area;
- the grant of the pending exploration licences;
- the regrant, extension of term or renewal of the pending exploration licences;
- the holder of the pending exploration licences exercising their rights and discharging their obligations under the tenement.
Subject to specific limitations, the Martu people and the Western Desert Lands Aboriginal Corporation agree that Holocene may do certain acts and activities for a term of 20 years that are for the purposes of or incidental to exploration, investigation, conduct of feasibility studies, construction, maintenance and operation of the Lake Disappointment Project. The right to negotiate provisions in the Native Title Act 1993 (Cth) do not apply to these acts and activities. The acts and activities include:
- access and move about within specified areas via existing roads and tracks and maintain those roads and tracks;
- upgrade and widen certain tracks;
- create a certain diversion road;
- establish and use any borrow pit, well or bore within certain areas.
The parties also consent and agree to:
- the grant to Holocene of mining tenements, licences and easements under the Land Administration Act 1997 (WA) and licences under the Rights in Water and Irrigation Act 1914 (WA) within specified areas.
Native Title in the ILUA Area
The ILUA area falls within the Martu people's native title consent determination land.
The court gave effect to the consent determination on 27 September 2002, noting that it had the power to do so under section 87 of the Native Title Act 1993 (Cth), and that it was satisfied that the agreement was appropriate. An area of 136,000 square kilometres was granted to the Martu People by the determination. Native Title rights of the Ngurrara People were also acknowledged as co-existing over a 5,652 square kilometre area around the Percival Lakes region. Other interests recognised in the determination area included: existing mining tenements under the Mining Act 1978 (WA); the interests of Telstra Corporation; State Agreement Act interests; public rights at common law; access rights held by state and commonwealth instrumentalities; and rights of public access.
The remaining areas of land, including the Rudall National Park, unvested reserves, some mining leases and general purpose leases were excluded from the determination to take account of the decision in Western Australia v Ward [2002] HCA 28. Most of this remaining area will be the subject of further negotiations. | |
