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Wingellina Project Agreement

Category: Agreement
Date: 21 October 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Yamunga Ngaanyatjarra Lands , Western Australia, Australia
The area subject to this agreement covers approximately 19,350 square kilometres and is located about 600 kilometres north east of Laverton, abutting the South Australian and Northern Territory border.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements
Legal Reference: Tribunal file no: WI2011/007
Subject Matter:Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA_-_Registered_ILUA_-_Wingellina_Project_Agreement_WI2011_007.aspx
Summary Information:
The Wingellina Project Agreement is an body corporate Indigenous Land Use Agreement (ILUA) between Hinckley Range Pty Ltd (applicant) and Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation, Ngaanyatjarra Council (Aboriginal Corporation) and Ngaanyatjarra Land Council (Aboriginal Coporation). The purpose of the agreement is to facilitate the mining of nickel and cobalt containing ore from the Wingellina nickel laterite deposit and processing of that ore within the Agreement Area to produce concentrate for sale or transport to refineries. The agreement is subject to regulatory approvals and for the grant of a mining lease over whole of the tenement EL69/535 which hosts the Wingellina deposit. In addition, the agreement allows for the granting of additional project titles for water, pipelines, roads and other infrastructure over a much larger area. The agreement was signed on the 15th July 2010 with the representatives of the Traditional Owners of the Yamunga Ngaanyatjarra Lands (Metals X Ltd, Operations - Wingellina Nickel).
Detailed Information:
Details of the Agreement
The parties to the Wingellina Project Agreement consent to mining operations and the construction of mining infrastructure within the agreement area. The agreement area is the area of land within the Ngaanyatjarra Lands Determination and the 99 Year Lease Area.

Clause 4.2
In relation to native title, Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation agree to do all things reasonably required to facilitate and not oppose matters such as executing or authorising the execution of deeds and other documents (including future
act agreements) and giving consent and approval, lodging deeds, agreements and other documents with the arbitral body or any other court, tribunal, commission, Minister, government
agency, arbitrator, warden, independent person under section 24MD(6B) of the Native Title Act 1993 (Cth), statutory officer or authorised person or body and consenting or agreeing to any court, tribunal, commission, Minister, arbitrator, warden, government agency, statutory officer or authority, including the arbitral body or independent person under 24MD(6B) of the Native Title Act, authorising or making determinations or decisions (on conditions (if any) requested by the Company),
granting or approving any agreed matters.

Clause 4.3
Ngaanyatjarra Land Council agree to do all things reasonably required to facilitate and not oppose agreed matters in the 99 year lease area within the agreement area.

Clause 4.6
All parties to the ILUA agree that the non-extinguishment priciple applies to the grant of a project title, future project title or approval and the conduct of mining operations in the agreement area.

Background
The Wingellina Project concerns the Wingellina deposit which hosts over 180Mt at 1% nickel and 0.07% cobalt. The mine could produce 40,000 tonnes of nickel and 3,000 tonnes of cobalt in concentrate annually for more than 40 years (International Business Times, 2011). Metals X holds tenements over approximately 80 kilometres of the deposit (Metals X Ltd, Operations - Wingellina Nickel). The operation is expected to cost over $2.3 billion and Metals X Ltd has entered agreements with a chinese company to develop and finance the project (The West Australian, 2011).


The parties
Hinckley Range Pty Ltd. is a subsidiary of Metals Exploration Ltd.

Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation is the registered native title body corporate for the native title consent determination in Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831 (29 June 2005).

Ngaanyatjarra Council (Aboriginal Corporation) represents 11 remote Aboriginal Communities in Western Australia. The council provides an administrative and advocacy service for the Ngaanyatjarra people (Our Community, Arts & Culture Directory - Ngaanyatjarra Council (Aboriginal Corporation).

The Ngaanyatjarra Land Council was established in 1981 and is the Native Title Representative Body for the Central Desert region. It is an umbrella organisation for 11 Aboriginal groups and organisations.

Native Title History
In 2005 a consent determination was handed down recognising native title ownership of the Ngaanyatjarra Lands in Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831 (29 June 2005).


Related Entries

Agreement
  • Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831
  • Organisation
  • Ngaanyatjarra Land Council - Signatory
  • Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council Aboriginal Corporation - Signatory
  • Ngaanyatjarra Council (Aboriginal Corporation) - Signatory
  • Hinckley Range Pty Ltd - Signatory
  • Metals X Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Ngaanyatjarra People

  • References

    General Reference
    Our Community Arts & Culture Directory - Ngaanyatjarra Council (Aboriginal Corporation)
    National Native Title Tribunal (2011) Registered ILUA - Wingellina Project Agreement WI2011/007
    Newspaper Article
    International Business Times (25/11/2011) Samsung Group to Invest $2.2B in Australia’s Wingellina Nickel-Cobalt Project
    The West Australian (20/04/2011) Metals X to sell Wingellina stake to Jinchuan

    Documents

    Map
    Wingellina Project Agreement Map - ( Image | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Representative Body (NTRB) (Australia) | Representative Body | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Non-Extinguishment Principle | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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