Cape Preston Project Deed (YM Mardie Indigenous Land Use Agreement) (ILUA) |
| Date: | 6 November 2015 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | City of Karratha |
| State/Country: | Western Australia, Australia |
| The application area covers about 2660 sq km and is located approximately 40 km south west of Karratha. |
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| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 November 2015. This is an Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal File No.: WI2015/003 | |
| Subject Matter: | Access | Native Title |
| URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2015/003 | |
| Summary Information: | |
| Cape Preston Project Deed (YM Mardie Indigenous Land Use Agreement) (ILUA) is an Area Agreement between:
- CITIC Pacific Mining Management Pty Ltd;
- Sino Iron Pty Ltd;
- Pastoral Management Pty Ltd;
- Yaburara and Coastal Mardudhunera Aboriginal Corporation; and
- Yaburara & Mardudhunera People.
The purpose of this Agreement is to provide consent for an iron ore mine. |
| Detailed Information: | |
| Commencement
The Extract states that the Agreement starts on the Commencement date, being 4 June 2015.
The Agreement ends on the date upon which the term of the last of the Project Titles, including any renewals of those titles, expires.
However certain clauses, not included in the Extract, survive any termination of the Agreement.
The Right to Negotiate
The Extract of the Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to any of the future acts referred to in clause 11.2(a) of the Agreement.
The Project
The Project under the Agreement involves the construction, operation and maintenance of an iron ore mine.
The Project Participants have the right to produce and export the amounts of iron specified within the Agreement.
Project Titles Under the Agreement
Under clause 6.1(a), the parties to the Agreement consent to:
(i) the grant of the Future Titles;
(ii) the grant of the Replacement Tiles; and
(iii) the Renewal of Project Titles from time to time.
Clause 6.1(b) states that the parties to the agreement consent to the grant to the Project Participants of any tenements or titles within the boundaries of the Mardie Pastoral Lease for purposes which are not part of the Project but which are conducted as part of its Community Engagement Programme such as tourism ventures and a prisoner release facility. The parties also consent to the renewal of those tenements or titles.
In the Agreement, the term "Project Titles" refers to:
(a) Granted Titles;
(b) Future Titles;
(b) Replacement Titles;
(d) Mardie Pastoral Lease; and
(e) titles granted under clase 6.1(b)
"Granted Titles" means:
(a) Mining Leases M08/123-125 inclusive;
(b) Mining Leases M08/264-266 inclusive;
(c) General Purpose Leases, G08/51-54 inclusive;
(d) General Purpose Lease G08/63;
(e) General Purpose Lease G08/74; and
(f) Miscellaneous License L08/20.
"Future Titles" means any:
(a) mining tenements under the Mining Act 1978 (WA);
(b) titles or other interests in land under the Land Administration Act 1997 (WA);
(c) titles or other interests in land under the Petroleum Pipelines Act 1969 (WA); or
(d) an interest in land or water under any other Law, which are to be granted or transferred to the Project Participants for the purposes of an Infrastructure Facility for the Project.
"Replacement Title" means:
(a) any
(i) mining tenements under the Mining Act 1978 (WA);
(ii) titles or other interests in land under the Land Administration Act 1997 (WA);
(iii) titles or other interests in land under the Petroleum Pipelines Act 1969 (WA);
(iv) an interest in land or water under any other Law; or
(v) amendment to the purpose of any Granted Title,
(b) which is to be granted, transferred, or made by way of amendment to, or substitution or replacement for the whole or part of one or more of the Granted Titles.
"Mardie Pastoral Lease" means Crown Lease 453/1984 comprising Ashburton Location 154 and De Witt Location 263.
Native Title in the Agreement Area
The Agreement area falls within the Yaburara & Mardudhunera People native title application WC1996/089.
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Cape Preston Project Deed (YM Mardie Indigenous Land Use Agreement) (ILUA) - Schedule 1B Map of Agreement Area - ( 
Cape Preston Project Deed (YM Mardie Indigenous Land Use Agreement) (ILUA) - Extract - (