Yinhawangka and BHP Billiton Project Agreement Initial Indigenous Land Use Agreement (ILUA)

Yinhawangka and BHP Billiton Project Agreement Initial Indigenous Land Use Agreement (ILUA) was agreed on the 29 July 2016 under the provisions of the Native Title Act 1993 (Cth) between:

• Churchill Jones and others in their capacity as registered native title claimants in relation to the Yinhawangka Claims and on behalf of the Yinhawangka People; and
• BHP Billiton Iron Ore Pty Limited.

The purpose of the ILUA is to provide consent for access to and use of the agreement area for mining purposes.

The agreement area covers about 10,108 sq km in the vicinity of Paraburdoo.

The Native Title Representative Body for this area is Yamatji Marlpa Aboriginal Corporation.

The ILUA area covers about 10,108 sq km in the vicinity of Paraburdoo. See the attached schedule 1 for detailed coordinates of the external boundaries of the agreement area.

Commencement:

This agreement commenced operating either:

• on the date when the last of the parties signed the agreement; or
• if the agreement for the project of developing the mine commenced operating at later date, on the date when the project agreement commenced.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities consented to by this agreement do not extinguish the native title rights and interests in the agreement area.

Future acts provisions

The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). As such, the parties consent to non-native title parties doing acts associated with the mining project.

Native Title in the ILUA Area:

The determination applications WAD340/10 and WAD216/10 were determined by consent in the FCA proceeding Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801. (FCA File No.: WAD216/10, WAD340/10, NNTT File No.: WCD2017/003). The ILUA area is within the determination area of Yinhawangka People Part A and B.

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