FMG - Nyiyaparli Land Access Agreement Indigenous Land Use Agreement WI2019/005

The Central Desert, Pilbara

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 March 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The FMG - Nyiyaparli Land Access Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA).

The signatories to this agreement are:

• Fortescue Metals Group Ltd, Pilbara Infrastructure Pty Ltd and Chichester Metal Pty Ltd; and
• Karlka Nyiyaparli Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).
  

The purpose of the ILUA is to provide consent to the grant or renewal of railway, port, and mining tenures in relation to FMG's mining operation.

The Native Title Representative Bodies for this area are Central Desert Native Title Services and Yamatji Marlpa Aboriginal Corporation.

Details of the Agreement:

Agreement area:

The ILUA area covers about 36,874 sq km and is located in the vicinity of the Newman, extending approximately 120 km north toward Marble Bar and 88 km northwest toward Tom Price. For more information please see the map attached below.

The Extract from the Register of Indigenous Land Use Agreements describes the agreement area as the area of native title determined in Stock on behalf of the Nyiyaparli v State of Western Australia (No. 5) [2018] FCA 1453 (WAD6280/1998; WAD196/2013, NNTT: WCD2018/008).

Commencement:

The ILUA is binding from the date it was signed by all the parties, 16 October 2019.

Termination:

The ILUA will continue to apply for the life of the infrastructure and operational Projects.

Native Title Provisions:

Right to negotiate:

In relation to the grant or renewal of any Project Tenure, the parties agree that Subdivision P of Division 3 of Part 2 of the NTA does not apply. This means that the right to negotiate provisions under the NTA do not apply to the grant or renewal of any Project Tenure in the ILUA area.

Extinguishment:

The parties agree that the non-extinguishment principle applies. This means that under s 24EBA(3) of the NTA, any activities agreed to under this ILUA that may conflict with native title rights and interests will not extinguish those rights and interests, instead, they will be revived once the activities are finished.

Future act provisions:

The parties consent to the grant and renewal of all Project Tenure within the ILUA area. Project Tenure includes any Railway and Port Tenure that may be reasonably necessary or desirable to operate the Railway and Port infrastructure. Project Tenure also includes any Mining Tenure (exploration licence, ancillary licence, mining lease and water extraction authority) that may be reasonably necessary or desirable for FMG's mining operations.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Stock on behalf of the Nyiyaparli People v State of Western Australia (No. 5) [2018] FCA 1453 (WAD6280/1998, WAD196/2013, NNTT: WCD2018/008).

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