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Burrup and Maitland Industrial Estates Agreement Implementation Deed

Category: Agreement
Date: 1 January 2003
Sub Category:Future Act Agreement (Native Title Act)
Location:Burrup Peninsula and Karatha, approx 1,270 kms nor, Western Australia, Australia
Subject Matter:Native Title | Economic Development | Employment and Training | Education | Cultural Heritage | Environmental Heritage | Native Title - Extinguishment | Land Transaction | Land Management | Compensation | Housing, Construction and Infrastructure
Summary Information:
The Burrup and Maitland Industrial Estates Agreement Implementation Deed (the Agreement) is a consolidation of the Implementation Deed and the Burrup and Maitland Industrial Estates Agreement. It was made between the State of Western Australia, the Western Australian Land Authority and native title parties being the Wong-Goo-Tt-Oo, Ngarluma Yindjibarndi and Yaburara Mardudhunera peoples. The Agreement is one of the most comprehensive of its kind and covers the following areas of land in the west Pilbara region of Western Australia:
  • The Burrup Peninsula industrial estate (15 square kilometres);
  • The proposed Maitland Industrial estate (33 square kilometres); and
  • Residential and light industrial land in and around Karratha (4 square kilometres).
    The areas concerned include an area of world-renowned heritage significance. In addition the Burrup Peninsula contains the world's largest collection of rock art.
    The Agreement is unusual in that it does not contain any confidentiality clauses, making details available for the public.
  • Detailed Information:
    In January 2000, the State of Western Australia notified its intention to acquire land for the construction of heavy industrial estates on the Burrup Peninsula and adjacent Maitland area, along with any native title rights and interests that the native title parties may have had. At that time there were three registered native title claims covering the proposed acquisition area, all of which claims were part heard in the Federal Court. The first claim, by the Ngarluma Yinjibarndi, had been lodged in 1994. Two other groups, the Yaburara Mardudhunera and the Wong-Goo-To-Oo, lodged claims in 1996 and 1998 respectively. Being registered native title claimants these groups had the right, under the Native Title Act 1993 (Cth), to negotiate with the Western Australian Government.

    The Agreement provides that in exchange for the native title parties' agreement to the surrender and permanent extinguishment of native title on the Burrup and Maitland Estates industrial land and the land required by the State for residential and commercial purposes in Karratha, the native title parties receive a number of substantial benefits. At the time the Agreement was signed, however, there was no native title determination by the Federal Court in relation to any of the three native title claims before it. However, the benefits contained in the Agreement were intended to endure regardless of whether or not any of the native title parties were determined by the Federal Court to hold native title over the areas in question. In July 2003, after the signing of the Agreement, the Federal Court found that non-exclusive native title rights still existed over parts of the land the subject of the native title claims but that native title no longer existed over the Burrup Peninsula.

    The Agreement provides for the following benefits -

    Burrup Non-Industrial Land:

    1. Freehold title to this land to the high-water mark, conditional upon:
  • Freehold title being subject to existing easements and other interests including roads;
  • The land being leased back to the State for 99 years (plus a 99 year option). One of the terms of the lease is that the native title parties cannot sell the land without first offering it to the State;
  • An agreement between Ngarluma Yindjibarndi and the Department of Conservation and Land Management to manage the land in accordance with a Management Plan; and
  • A promise by the native title parties on the title that there cannot be any buildings on the coastal strip, except for recreational purposes.
    2. Commissioning and funding ($500,000 over 18 months) of an Independent Study to develop a Management Plan for the land in accordance with specified terms of reference and advised by an Advisory Committee.
    3. Management funding of $450,000 per year, over 5 years, for management of the land.
    4. A Visitors/Cultural/Management Centre on the land worth $5,500,000.
    5. Infrastructure funding on the land worth $2,500,000.

    Karatha Commercial and Residential Land:

    5 percent of Developed Lots in Karratha to be transferred to an Approved Body Corporate.

    Financial Compensation:

    1. A total of $5,800,000 in upfront payments comprising:
  • $1,500,000 from the State on signing of the and $2,000,000 from the State on the date of the first taking order for a lease.
  • $1,150,000 20 days after leases are granted to Current Proponents (being a number of large international companies).
  • $1,150,000 20 days after the Current Proponents make their first shipments.
    2. Ongoing Annual payments:
  • For Current Proponents: The State will pay $700 per hectare per year, escalating annually after 5 years at CPI+2%.
  • For Future Proponents: Half of Market Rent (as determined using a formula devised with Market Valuation principles).

    Approved Body Corporate:

    The State will provide $150,000 to a Consultant to establish an Approved Body Corporate and $100,000 per year in operating costs for four years.

    Employment, Training and Contracting:

    The State will pay an Employment Service Provider based or operating in Roebourne $200,000 per year for three years. The Service Provider will be required to conduct an audit of the skills of available Aboriginal people, conduct needs and opportunities analyses, and assist people and contractors to meet their employment needs.

    Education:

    The State will pay $75,000 per year for 2 years to the Approved Body Corporate in relation to educational and training needs.

    Other benefits (not formally included within the Agreement):

  • The State has agreed to commission a Rock Art Study to monitor the emissions from industry, identify impacts on the rock art and identify potential mitigation measures.
  • The State to implement the Roebourne Enhancement Scheme with a budget allocation of over $3.5 million to address issues of improved housing, transport, agency co-ordination and asbestos removal.

  • Related Entries

    Organisation
  • State of Western Australia - Signatory
  • Western Australian Land Authority - Signatory
  • Department of Conservation and Land Management (WA)
  • Yamatji Marlpa Barna Baba Maaja Land and Sea Council
  • Pilbara Native Title Service
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Ngarluma People - Signatory
  • Yindjibarndi People - Signatory
  • Wong-Goo-Tt-Oo People - Signatory
  • Yaburara Mardudhunera People - Signatory
  • Case Law
  • Daniel v State of Western Australia [2005] FCA 536 (2 May 2005)

  • References

    Media Release
    National Native Title Tribunal Native Title Rights Recognised in WA's Pilbara Region

    Documents

    Document
    Burrup and Maitland Industrial Estates Agreement (Part 2) - full text document - ( Thumbnail | PDF)
    Burrup and Maitland Industrial Estates Agreement (Part 1) - full text document - ( Thumbnail | PDF)

    Glossary

    Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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