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Wik & Wik Way People and Rio Tinto Aluminium Limited Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 October 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Weipa, Queensland, Australia
The ILUA agreement area covers approximately 568 square kilometres which predominantly covers an offshore area located south-west of Weipa, Queensland, and includes the waters of Albatross Bay.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 October 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/018.
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.018/ILUARegisterExport.pdf
Summary Information:
The Wik & Wik Way People and Rio Tinto Aluminium Limited ILUA was agreed between:
- Anthony Kerindun, Alison Woolla and Janine Chevathun (being those people who brought a claim on behalf of the Wik and Wik Way Native Title Claim Group in Wik and Wik Way Native Title Group v State of Queensland [2009] FCA 789 (29 July 2009)) and
- Rio Tinto Aluminium Limited.

The purpose of the ILUA is to ensure that the Comalco Indigenous Land Use Agreement (ILUA) (Western Cape Communities Co-existence Agreement) ('WCCCA') is honoured as well as providing for the waiver of certain provisions of the WCCCA. The ILUA continues to have effect for as long as the obligations of the WCCCA regarding native title are met.

The WCCCA was entered into by:
- Comalco Aluminium Limited (now Rio Tinto Aluminium Limited)
- Eleven Traditional Owner groups (including the Wik and Wik Way Native Title Claim Group)
- Four Indigenous Community Councils
- The Cape York Land Council.

The WCCCA provides for:
- an alternative framework for resolution of native title claims in the WCCCA agreement area
- relinquishment by Rio Tinto Aluminium of parts of its mining leases that are no longer used for mining (for eventual return to traditional owners)
- access for traditional owners to opportunities and economic benefits flowing from Rio Tinto Aluminium's operation of mining leases.
Detailed Information:
Waiver of specific provisions in the WCCCA under the Wik & Wik Way People and Rio Tinto Aluminium Limited ILUA

The Wik & Wik Way People and Rio Tinto Aluminium Limited ILUA is the product of negotiations leading up to the consent determination in Wik and Wik Way Native Title Group v State of Queensland [2009] FCA 789 (29 July 2009). In this proceeding, the Wik and Wik Way People (#2) sought a determination of native title over land and waters on the 'western side of Cape York Peninsula, including the waters of Albatross Bay'. This application was made under the WCCCA, which provides a separate framework for resolving native title claims over this area.

The Wik & Wik Way People and Rio Tinto Aluminium Limited ILUA entitles parties to waive certain provisions within the WCCCA that require claimant applications to conform to certain conditions. Notably, the ILUA permits the removal of the ILUA agreement area (which primarily covers offshore waters in Albatross Bay) from the application made by the Wik and Wik Way People (#2) in the abovementioned proceeding. Under the ILUA, this removal will not contravene the terms of the WCCCA.

Related Entries

Agreement
  • Comalco Indigenous Land Use Agreement (ILUA) (Western Cape Communities Co-existence Agreement)
  • Wik and Wik Way Native Title Group v State of Queensland [2009] FCA 789 (29 July 2009) (Determination No. 4)
  • Wik Timber Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Rio Tinto Aluminium
  • People
  • Anthony Kerindun, Janine Chevathun and Alison Woolla

  • References

    General Reference
    National Native Title Tribunal (07/10/2009) Wik and Wik Way Finalise Indigenous Land Use Agreement
    Media Release
    National Native Title Tribunal (2004) Agreement settles Wik native title claim
    National Native Title Tribunal (2009) Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements
    Resource
    National Native Title Tribunal (2009) Wik & Wik Way People and Rio Tinto Aluminium Ltd ILUA
    National Native Title Tribunal (2009) Another Win for Wik and Wik Way People

    Documents

    Map
    Wik & Wik Way People and Rio Tinto Aluminium Limited ILUA Map - ( PDF)

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