printable versionPrint this page

RTIO and Ngarlawangga People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 August 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Newman, Western Australia, Australia
The Agreement Area covers about 1420 square kilometres and is located approximately 70 kilometres west of Newman in the State of Western Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2012/010
Subject Matter:Future Act | Land Management | Land Use | Management / Administration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA_-_Registered_ILUA_-_RTIO_and_Ngarlawangga_People_ILUA_WI2012_010.aspx
Summary Information:
The RTIO and Ngarlawangga People Indigenous Land Use Agreement (ILUA) is an area agreement between:

- Hamersley Iron Pty Limited (applicant);

- Robe River Mining Co Pty Ltd ACN 008 694 246 on its own behalf as a venturer and as manager for and on behalf of:

(a) Robe River Mining Co Pty Ltd ACN 008 694 246;
(b) Mitsui Iron Ore Development Pty Ltd ACN 008 734 361;
(c) Cape Lambert Iron Associates, a business carried on under that name by Nippon Steel Australia Pty Limited, Sumitomo Metal Australia Pty Ltd and Mitsui Iron Ore Development Pty Ltd;
(d) Pannawonica Iron Associates, a business carried on under that name by Nippon Steel Australia Pty Limited and Sumitomo Metal Australia Pty Ltd; and (e) North Mining Limited, in their capacity as participants in the Robe River Iron Associates Joint Venture;

- Hamersley HMS Pty Ltd as manager for and on behalf of:

(a) Hope Downs Iron Ore Pty Ltd; and
(b) Hamersley WA Pty Ltd, in their capacity as participants in the Hope Downs Joint Venture;

- Hamersley Resources Ltd on its own behalf as a venturer and as manager for and on behalf of:

(a) Hamersley Resources Ltd;
(b) Hancock Prospecting Pty Ltd; and
(c) Wright Prospecting Pty Ltd in their capacity as participants in the Rhodes Ridge Joint Venture;

- Tadgee Limmerick, Maisey Hyland and Dianne Limmerick on their own behalf as a registered native title claimant and on behalf of the Ngarlawangga People.

The purpose of this agreement is to provide for certain mining activities.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commences 17 August 2012. The Extract does not note a specific end date of the Agreement.

Subject to Clauses 13.2 and 18.3(c), the Agreement terminates on the termination of the Participation Agreement. Any rights and obligations accrued by the parties to this agreement will continue beyond termination until obligations are fulfilled.

Confidentiality provisions within the Agreement will survive the termination of this Agreement.

Consent to Agreed Acts

Tadgee Limmerick, Maisey Hyland and Dianne Limmerick on their own behalf as a registered native title claimant and on behalf of the Ngarlawangga People agree with, consent to and support and continue to agree with, consent to and support the existing operations including all of Rio Tinto's (RTIO's) existing titles. They also agree with, consent to and support, and continue to agree with, consent to and support:
- the doing of every future act;
- the grant or modification of every approval, interest, and the modification of every RTIO existing title, that is for an agreed purpose.

Agreed Purposes

An 'agreed purpose' is any of the following from time to time:
- existing operations;
- any modification of any of the things comprising those operations provided they remain part of RTIO's Pilbara Iron Ore Business;
- the planning, development, operation and expansion, further expansion and decommissioning of any aspect of RTIO's Pilbara Iron Ore Business from time to time, including new iron ore mines, borrow and ballast pits and necessary supporting infrastructure.

The development, operation and expansion of each of the following is deemed to be an agreed purpose if a substantial reason for its development, operation or expansion is for RTIO's Pilbara Iron Ore Business:
- new power, water, rail and road infrastructure and associated infrastructure and works within the ILUA area.

A 'substantial reason' is if, on the balance of probabilities, it would have been unlikely to be developed, constructed or operated were it not required for RTIO's Pilbara Iron Ore Business, even though it may be used for other purposes.

Where the agreed purpose is for town infrastructure comprising dwellings or commercial facilities within a town, each of the dwellings or commercial facilities will be in agreed purpose where:
- they are being established in accordance with a government agreement or requirement or right that requires that not more than 20% of the total occupied, or to be occupied,dwellings or commercial facilities to be offered for sale or lease to the general public; and
- those that are not required to be offered for sale or lease to the general public would have been unlikely to be developed or constructed were it not required for RTIO's Pilbara Iron Ore business.
Where this does not apply, it will only be an agreed purpose if and insofar as each of the dwellings or commercial facilities would have been unlikely to be developed or constructed were it not required for RTIO's Pilbara Iron Ore business.

Consent to Reliance on Approvals and Interests

Tadgee Limmerick, Maisey Hyland and Dianne Limmerick on their own behalf as a registered native title claimant and on behalf of the Ngarlawangga People agree with, consent to and support and continue to agree with, consent to and support the reliance on and the conduct by RTIO entities of all activities required, permitted or contemplated by ecah agreed act, including as modifed.

Consent to Future Acts

For the purposes of s 24EB(1) of the Native Title Act 1993 (Cth), concerning the coverage of the section relating to the effect of registration on proposed acts covered by indigenous land use agreements, the parties consent to all agreed acts to the extent that they involve future acts. This is without conditions, however in accordance with the ILUA provisions.

The Right to Negotiate

The process in subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), the 'right to negotiate process', does not apply to any agreed act.

Native Title in the ILUA Area

The agreement area is subject to a consent determination made on 29 August 2000, Clarrie Smith v State of Western Australia [2000] FCA 1249. This consent determination concerned a claim by and on behalf of the descendants of the the Nharnuwangga, Wajarri and Ngarlawangga peoples for a determination of native title in their favour over an area of about 50,000 square kilometres of land, much of it alienated for pastoral and mining purposes.

Related Entries

Agreement
  • Clarrie Smith v State of Western Australia [2000] FCA 1249 (29 August 2000)
  • Organisation
  • Hamersley Iron Pty Ltd - Signatory
  • Robe River Mining Company Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Ngarla People - Signatory

  • Documents

    Map
    RTIO and Ngarlawangga People ILUA Map - ( PDF | PDF)
    RTIO and Ngarlawangga People ILUA Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Applicant | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Determination (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act Determination (Native Title Act (1993) (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey