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Hope Downs 4 Corridor Agreement (ILUA)

Category: Agreement
Date: 22 July 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Shire of East Pilbara, Western Australia , Australia
The Hope Downs 4 Corridor Agreement is located 30km north west of Newman in Western Australia.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Tribunal No: WI2011/003
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/WI2011.003/ILUARegisterExport.pdf
Summary Information:
The Hope Downs 4 Corridor Agreement Indigenous Land Use Agreement (ILUA) was agreed between Hamersley WA Pty Ltd and Hope Downs Iron Ore Pty Ltd and David Stock, Gordon Yuline, Raymond Drage, Billy Cadigan and Victor Parker on their own behalf and on behalf of the Nyiyaparli
People for the period commencing on 10 February 2011.

The purpose of the ILUA is to allow for an infrastructure corridor, that is the contruction, operation and maintainence of a railway, power line, access road and all associated and incidental infrastructure and facilities.
Detailed Information:
Details of Agreement
The parties to the Hope Downs 4 Corridor Agreement ILUA consented to all agreed future acts. The parties also agreed that the "right to negotiate" process did not apply to the agreed future acts. Agreed future acts under the ILUA mean each future act required for the purpose of constructing , operating and maintaining a railway, power line, access road and all associated and incidental infrastructure and facilities (National Native Title Tribunal, 2011).

Background
The project
Hopes Down 4 is a project designed by Hamersley WA Pty Ltd which is a wholly owned subsidiary of Rio Tinto Pty Ltd. Hamersley WA Pty Ltd has operations across the Pilbara region of Western Australia. Hopes Down 4 involves the development and operation of an above and below the water table greenfields iron ore mine and associated infrastructure. The infrastructure corridor which is the subject of the ILUA, will allow for the ore from the mine to be transported to existing rail infrastructure near the Hope Downs 1 Iron Ore Mine. The rail spur of 35km will allow for the iron ore to be transported to port facilities on the coast (Hamersley HMS Pty Ltd. 2010).

Native title background
The ILUA is located within the native title application of the Nyiyaparli people. The Nyiyaparli people lodged their native title application in 2005 over 36684.019 sq km in the Pilbara region. The application has been registered and is currently in mediation.

Representative body
Yamatji Marlpa Aboriginal Corporation (YMAC) is the native title representative body for the traditional owners of the Pilbara, Murchison and Gascoyne regions of Western Australia.

Related Entries

Organisation
  • Yamatji Marlpa Aboriginal Corporation
  • Rio Tinto Limited
  • Hamersley HMS Pty Ltd
  • People
  • Nyiyaparli people

  • References

    General Reference
    Yamatji Marlpa Aboriginal Corporation (2011) Yamatji Marlpa News June 2011 - Issue 14.
    Hamersley HMS Pty Ltd. (2010) Hope Downs 4 Iron Ore Project Public Environmental Review
    National Native Title Tribunal (2011) Extract from Register of Indigenous Land Use Agreements - Hope Downs 4 Corridor Agreement
    National Native Title Tribunal Claimant application summary - Nyiyaparli
    National Native Title Tribunal WA - Registered ILUA - Hope Downs 4 Corridor Agreement WI2011/003
    National Native Title Tribunal (2005) Claimant application summary - Nyiyaparli

    Documents

    Map
    Hope Downs 4 Corridor Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia)

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