|Details of the agreement
The start date of the Agreement is 4 June 2013. The ILUA was registered with the National Native Title Tribunal on 22 September 2013. No end date is specified but the ILUA is said to come to an end when there are no longer any OneSteel activities occurring within the agreement area or thirty years has elapsed since the agreement date, whichever is later.
The Agreement operates to provide the parties' consent to all new future acts. Clause 4.1 provides that any OneSteel activities that occurred prior to the agreement date are also said to be validated and authorised by the Barngarla People. The ILUA also provides consent for OneSteel to carry out 'OneSteel Activities' that are connected to the mining operations on land covered by the agreement, as well as 'Permitted Activity'.
The Extract provides that the 'OneSteel Activities' include:
a) all mineral and metal exploration, mining and mining rehabilitation operations;
b) all mineral processing and treatment operations, facilities, works, infrastructure and activities for the purposes of mining operations. These include:
- electricity power supply, water supply, transport (including by transmission line, rail, pipeline or road) and accommodation infrastructure;
- quarrying; and
- anything done or allowed to be done or capable of being done in accordance with the Indenture Acts.
The consent extends to the planning, design, operation, decommissioning, rehabilitation, expansion and development of all of these activities.
c) any Past Acts as defined in section 228 of the Native Title Act;
d) future acts;
e) new future acts;
f) intermediate period acts;
g) the granting, variation of, replacement of, and dealings in any interests in any way related to, or incidental to, any of the activities or matters covered in the preceding paragraphs; and
j) anything related or incidental to the activities and matters referred to in the above paragraphs.
The Extract provides that 'Permitted Activity' means:
a) aerial surveys;
b) geological and surveying field work;
c) sampling by hand methods;
d) ground-based geophysical surveys;
e) environmental monitoring rehabilitation and restoration; and
f) other ancillary non-destructive activities associated with the activities set out in clauses (a) to (e).
These permitted activities are subject to the condition that none of them cause the clearing of vegetation or the construction of a road.
Native Title Provisions
Right to negotiate provisions do not apply
The parties 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.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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.
Background to the Agreement:
The Barngarla People
In 2012 Ghil'ad Zuckermann of the University of Adelaide along with the Barngarla community launched a reclamation of the Barngarla language. Professor Zuckermann specialises in language reclamation and is working with the Barngarla people to help them reclaim what he calls their 'sleeping beauty' tongue.
Native Title in the ILUA Area
The Barngarla Native Title Claim (Federal Court file no: SAD6011/1998, Tribunal file no: SC1996/004) was filed with the National Native Title Tribunal on 4 April 1996. It is currently a registered, active claim, and covers approximately 41987 square kilometres in the region of Eyre Peninsula/Gawler and Flinders Ranges.
Additionally, native Title was successfully granted to the Gawler Ranges people on 19 December 2011. All members of the claim group identified either as members of the Barngarla or the Kokatha Peoples. |