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Nyiyaparli People and BHP Billiton Comprehensive Agreement - Initial Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 26 June 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Pilbara region of Western Australia, Western Australia, Australia
The Nyiyaparli claim covers 36,684 square kilometres in the Pilbara region.
Legal Status: Registered with the Native Title Tribunal on the Register of Indigenous Land Use Agreements. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: WI2012/005
Subject Matter:Future Act | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/WI2012.005/ILUARegisterExport.pdf
Summary Information:
The Nyiyaparli People and BHP Billiton Comprehensive Agreement — Initial Indigenous Land Use Agreement was agreed between:

- BHP Billiton Iron Ore Pty Limited on behalf of
(a) BHP Billiton Minerals Pty Ltd as agent;
(b) BHP Iron Ore (Jimblebar) Pty Ltd as agent;
(c) BHP Coal Pty Ltd as agent;
(d) BHP Billiton Direct Reduced Iron Pty Ltd as agent;
(e) the participants in the Mount Goldsworthy Mining Associates Joint Venture;
(f) the participants in the Mt Newman Mining Associates Joint Venture;
(g) the participants in the Wheelarra Joint Venture; and
(h) the participants in the Yandi Joint Venture

-David Stock, Gordon Yuline, Victor Parker, Raymond Drage and Billy Cadigan on behalf of the Nyiyaparli People

on 26th June 2012.

The purpose of the initial area agreement ILUA is to provide consent to a range of acts for BHP Billiton's Iron Ore Business within the Nyiyaparli registered claim area (WAD6280/98).
Detailed Information:
Details of the Agreement
The Comprehensive Agreement was negotiated over four years and covers BHP Billiton Iron Ore's
current and future operations within the Nyiyaparli native title claim area.

The agreement includes cultural, social and economic outcomes in the form of financial and non-financial benefits from BHP Billiton Iron Ore to the Nyiyaparli People in exchange for Nyiyaparli People's consent for BHP Billiton Iron Ore's operations on their country.

Protections are included in the agreement for the Nyiyaparli People's most significant heritage sites (YMAC 2012).

CEO of the Yamatji Marlpa Aboriginal Corporation Simon Hawkins stated: 'Iron ore mining on Nyiyaparli country started in the 1960s with the Mt Whaleback mine. This agreement and the new approach creates a real partnership between the Nyiyaparli people and BHP Billiton Iron Ore, to ensure Traditional Owners now have a say in what happens on their country, maintain power to
protect their most important sites and benefit from the mineral wealth on their traditional lands' (YMAC 2012).

Commencement
The initial ILUA was registered on 14th March 2013. The extract notes that the agreement will take effect on the 26th of June 2012.

Native Title Provisions
The ILUA provides consent for a range of acts, including future acts in accordance with the conditions in the agreement.

The future acts relate only to BHP Billiton's Iron Ore Business which include:
- elements of iron ore exploration, mining,
transport, processing and treatment (including milling, concentration, refining and smelting) in
the Pilbara region. This may include quarrying, infrastructure for towns, ports accommodation, energy supply, water supply, communications, roads, tracks, airports, railways, conveyors and other transport infrastructure.

The right to negotiate provisions under the Native Title Act 1993 (Cth) do not apply to this agreement.

Native Title in the ILUA Area

The Nyiyaparli native title application was successfully registered on the 28th of November 2005. The members of the native title claim group currently carry out the following activities in relation to the land and waters:
- hunting, gathering and fishing;
- living, residing, erecting shelters and camping;
- conducting and engaging in cultural activities, ceremonies, rituals, meetings. This includes teaching of, maintaining, conserving and protecting the significant and physical attributes of the area; and
- taking resources from the area for use and consumption for food, shelter, healing, decoration, cultural, religious, ceremonial and ritual purposes and for the manufacture and trade of objects, materials and goods.

Related Entries

Agreement
  • RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 (ILUA)
  • Organisation
  • BHP Minerals Pty Ltd - Signatory
  • BHP Billiton Iron Ore - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • David Stock, Gordon Yuline, Raymond Drage, Billy Cadigan and Victor Parker on their own behalf as registered native title claimant and on behalf of the Niyayparli People. - Signatory
  • Nyiyaparli people - Signatory

  • References

    General Reference
    National Native Title Tribunal (2013) Nyiyaparli People and BHP Billiton Comprehensive Agreement—Initial ILUA Extract
    National Native Title Tribunal (2005) Claimant application summary - Nyiyaparli
    Media Release
    Yamatji Marlpa Aboriginal Corporation (2012 ) Pilbara Traditional Owners Sign Major Iron Ore Mining Agreement

    Documents

    Map
    Nyiyaparli People and BHP Billiton Comprehensive Agreement - Initial Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Nyiyaparli People and BHP Billiton Comprehensive Agreement - Initial Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (registered) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia)

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