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Memorandum of Understanding between Malachite Resources NL and the Githabul People

Category: Agreement
Date: 6 May 2004
Sub Category:Memorandum of Understanding
Location:Tooloom region, New South Wales, Australia
Malachite's operations in the Tooloom area, in northern New South Wales, are located from near Urbenville to beyond Pretty Gully. The area of operations covers approximately 300 square kilometres.
Subject Matter:Access | Cultural Heritage | Economic Development | Employment and Training | Land Use | Mining and Minerals
URL: http://www.malachite.com.au/pdf/Githabul%20MoU.pdf
Summary Information:
The Memorandum of Understanding between Malachite Resources NL and the Githabul People ('the MOU') was signed on 6 May 2004 by a representative of each of the parties. The MOU concerns 'the manner in which Malachite conducts its activities and the role that the Githabuls may play in helping to bring about economic development in the area.'
Detailed Information:
Cultural heritage

The MOU includes agreement for Malachite to:
preserve, protect and follow best practice principles in relation to indigenous cultural heritage;
contract with a representative of the Githabul people, or other qualified person, to conduct an indigenous cultural heritage survey over certain areas;
preserve and protect any cultural artefacts located in such a heritage survey;
minimise the impact of operations on the land surface and to undertake rehabilitation of disturbed land;
if essential work requires the disturbance of significant sites, negotiate to determine an appropriate basis for undertaking such work.

Employment opportunities and economic development

Malachite agrees, wherever it is feasible, to fill vacancies in its Tooloom workforce with skilled and competent Githabul workers. It is to provide training for those employees where relevant.

Furthermore, the parties agree to negotiate a new and more comprehensive agreement before the development and operation of a mine. This would include agreement as to cultural heritage, native title rights and economic benefits for the Githabul people.

Native Title

If Malachite wishes to undertake work on land within its exploration licences over which native title may still exist, then it will follow the procedures under the Native Title Act 1993 (Cth) in consultation and cooperation with the Githabul people.

Mutual cooperation

Under the MOU, Malachite is to cooperate with and assist Githabul people in terms of economic development and realisation of their native title rights. The Githabul people will cooperate with and assist Malachite to facilitate in the exploration and evaluation of ore deposit discoveries and to realise the expeditious, efficient and mutually beneficial economic development of such discovery.

Context of the MOU

Malachite cites the MOU in terms of its policy to protect indigenous cultural heritage in its operations (see Malachite Resources NL, c 2007). It expects that similar MOUs will be formed in other areas where native title or indigenous cultural heritage are present.
Outcomes:
In its Annual Report 2005, Malachite stated that it would be 'conducting a new field review with a qualified representative of the Githabul people' and said that it 'enjoys an excellent working relationship with the Githabul People' (Malachite Resources NL c2006, 7).

In 2007, the MOU was followed by a Co-operation Agreement between the parties.

Related Entries

Agreement
  • Co-operation Agreement between Malachite Resources NL and the United Githabul Tribal Nation Aboriginal Corporation - Previous
  • Organisation
  • Malachite Resources NL - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Githabul People - Signatory

  • References

    General Reference
    Malachite Resources NL Aboriginal Cultural Heritage Statement
    Report
    Malachite Resources NL (2006) Annual Report 2005
    Resource
    Malachite Resources NL and the Githabul People (6 May 2004) Memorandum of Understanding between Malachite Resources NL and the Githabul People

    Glossary

    Memorandum of Understanding

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