Esperance Nyungar -FQM Mining Validation Indigenous Land Use Agreement (ILUA)
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|In the vicinity of Ravensthorpe
|Western Australia, Australia
|The Extract states that The Agreement Area covers about 15 sq km and is located north of the South Coast Highway approximately 30 km east of Ravensthorpe. This falls within the Shire of Ravensthorpe.
The ILUA is also located within the lands and waters of the Esperance Nyungars (WAD6097/1998;WC1996/064) People.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 07 November 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
|National Native Title Tribunal File No.:WI2014/007
|Access | Land Use | Mining and Minerals | Native Title
|The Esperance Nyungar -FQM Mining Validation Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Ms Elaine Bullen, Ms Jenny Woods, Ms Diane Clinch, Ms Veronica Williams-Bennell, Mr Jarman Jamieson and Mr Graham Tucker the Registered Native Title Claimant (for the Esperance
Nyungars native title claim WAD6097/1998, NNTT number WC1996/064) for and on behalf of the Esperance Nyungar People; and
- FQM Australia Nickel Pty Ltd;and
- The State of Western Australia
On 07 November 2014.
The Purpose of this Agreement is for the Esperance Nyungar People to validate the grants of Mining Tenements.
The ILUA was registered with the National Native Title Tribunal (NNTT) on 07 November 2014. However, the Extract notes that the Agreement will come into effect on the date of commencement. The commencement date, is noted as the date that the Agreement is signed by all of the Parties (this date is not specified).
The Agreement will cease operation:
- upon expiry (including any renewal or extension) of the Mining Tenements;
- written consent to terminate the Agreement from all parties is obtained; and
- Where the Agreement is removed from the Register.
Native Title Provisions
Clause 10.2 of the Extract states that the parties agree that:
- the grant of the Mining Tenements;
- the rights able to be exercised under the Mining tenements; and
- The Mining Tenements themselves,
are validated under the Agreement, to the extend that either the grant of or the Mining Tenements themselves are invalid because of Native Title.
Furthermore, subject to clause 11.4, the Parties agree to the validating of the grant of the Mining Tenements to the extent the Mining Tenements have been invalidly granted, without conditions but in accordance with the ILUA.
'Mining Tenements' is defined to mean the mining leases M74/169 and M74/172, held by FQM Australia; and the renewal or substitution of those Mining Tenements under the Mining Act.
Native Title in the ILUA Area
The ILUA falls within the external boundaries of the Esperance Nyungars Application (WAD6097/1998;WC1996/064) as accepted for registration on 25 June 2009.
In Bullen on behalf of the Esperance Nyungar People v State of Western Australia  FCA 197 (14 March 2014) it was found that non-exclusive native title rights and interests exist over traditional lands on an area of approximately 28,895 square kilometers of land and waters around Esperance including Israelite Bay, Ravensthorpe and Salmon Gums.