Details of the Agreement
The ILUA commences on the date signed by all parties, 1 July 2019. It operates as an ILUA from the date of its registration, 6 September 2019.
The ILUA will terminate on the earlier of:
- the termination of the Comprehensive Agreement between the Nyiyaparli People and BHP Billiton, as amended from time to time;
- the written agreement of the parties; or
- if removed from the Register of Indigenous Land Use Agreements.
Native Title Provisions:
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the agreed future acts.
Future act provisions
The parties consent to BHP Billiton's Iron Ore Business, meaning the elements of iron ore exploration, mining, transport, processing, and treatment in the Pilbara region, and all acts incidental to it including the granting of all interests or approvals necessary.
The Karlka Nyiyaparli Aboriginal Corporation RNTBC and the Nyiyaparli People agree to do all lawful things within their power to assist in the granting of the approvals and all elements of BHP Billiton's Iron Ore Business, as well as to not encourage or assist any other person to challenge the validity of BHP Billiton's Irone Ore Business.
Native Title in the Agreement Area:
The ILUA area is within the area of the native title determination Stock on behalf of the Nyiaparli People v State of Western Australia (No 5)  FCA 1453.