Banjima & RTIO Participation Agreement Indigenous Land Use Agreement (ILUA) (Body Corporate Agreement)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 14 of the Agreement, as the lands and waters within the external boundaries of the Banjima Determination, excluding the Karijini National Park and the "Unclaimed Areas" as defined in the Banjima Determination.

Registered with the National Native Title Tribunal (NTTT) on the Register of Indigenous Land Use Agreements on 1 November 2016. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Banjima & RTIO Participation Agreement Indigenous Land Use Agreement ('ILUA') was made under the provisions of theNative Title Act 1993 (Cth) between:

• the Banjima Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC), in its capacity as Banjima Prescribed Body Corporate (PBC) and in its capacity as agent and attorney for and on behalf of the Banjima People,
• Hamersley Iron Pty Limited;
• Hamersley HMS Pty Ltd on its own behalf as Venturer and as Manager for and on behalf of the Hope Downs Joint Venturers;
• Robe River Mining Co Pty Ltd on its own behalf as a Venturer and as Manager for and on behalf of the Robe River Iron Associates;
• Ranges Management Company Pty Ltd as Manager for and on behalf of the BaoHI Ranges Joint Venturers;
• Mount Bruce Mining Pty Ltd; and
• Hamersley Iron - Yandi Pty Ltd.

The agreement covers an area of about 8089.8 sq km located to the north and east of the Karijini National Park, approximately 74 km east of Tom Price and approximately 72 km north west of Newman, in Western Australia.

The purpose of the agreement is to provide consent, from time to time, for a range of acts in relation to existing operations, and also the planning, development, operation and expansion, and further expansion and decommissioning of any aspect of RTIO's Pilbara Iron Ore Business.

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

Background to the Agreement

This ILUA was reached after more than ten years of negotiations and is Rio Tinto's tenth in the Pilbara region (Rio Tinto, 2016). It provides Rio Tinto with consents to all current and future exploration, infrastructure and mining within the Banjima Claim boundary while also supporting cultural, community and commercial development activity for the Banjima people (Tom Zaunmayr, 2016).

Details of the Agreement

The ILUA provides consent to a range of acts in relation to Rio Tinto's existing titles (approvals or interests), as held at the commencement date by either a Rio Tinto entity, or a third party for which Rio Tinto materially relies on in relation to its Pilbara Iron Ore Business, and any approval or interest created in substitution for any existing title. The ILUA also provides consent to the planning, development, operation and expansion, and further expansion and decommissioning of any aspect of RTIO's Pilbara Iron Ore Business.

Commencement

The ILUA commenced on 1 November 2016, the date it was registered with the National Native Title Tribunal (NNTT).

Native Title Provisions

The Extract notes that statements of the kind mentioned in subsections 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth) apply to this ILUA. This means that the ILUA provides consent for the doing of acts for an agreed purpose by non-native title parties; effects the rights of the native title party to negotiate with non-native title parties proposing to undertake a future act or validate any previous future acts.

Native Title in the ILUA Area

The ILUA is located within the area of native title recognised by the Federal Court of Australia (FCA), on 11 March 2014, in the consent determination Banjima People v State of Western Australia & Ors [2014] FCA (FCA Fiile No: WAD6096/1998; NNTT File No: WCD2014/001).

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