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RTIO and PKKP People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 November 2012
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Shire of Ashburton, Western Australia, Australia
The agreement covers the areas within the external boundaries of the Claimant Applications lodged in the Federal Court and allocated numbers WAD126/2005 (NNTT number WC05/04) and WAD6007/2001 (NNTT number WC01/05) accepted for registration on 15 August 2006 and 29 November 2011.It excludes any land and waters within the external boundaries that are not the subject of the Claimant Applications.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 April 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2012/011
Subject Matter:Economic Development | Housing, Construction and Infrastructure | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/WI2012.011/ILUARegisterExport.pdf
Summary Information:
The RTIO and PKKP People Indigenous Land Use Agreement(ILUA) was entered into between the following parties:

- Hamersley Iron Pty Limited
- Robe River Mining Co Pty Ltd on its own behalf as a Venturer and as Manager for and on behalf of:
- Robe River Mining Co Pty Ltd
- Mitsui Iron Ore Development Pty Ltd
- Cape Lambert Iron Associates, a business carried on under that name by Nippon Steel Australia Pty Limited, Sumitomo Metal Australia Pty Ltd, Mitsui Iron Ore Development Pty Ltd
- Pannawonica Iron Associates, a business carried on under that name by Nippon Steel Australia Pty Limited, Sumitomo Metal Australia Pty Ltd
- North Mining Limited in their capacity as participants in the Robe River Iron Associates
Joint Venture
- Angelina Cox, Angie Cox, Annabelle Stewart, Arness James, Charleston Cox, Darryl Hughes, Gary Hughes, Harold Ashburton, Maudie Dowton, Mitchell Drage and Maurice Daublin on their own
behalf as Registered Native Title Claimants and on behalf of the Puutu Kunti Kurrama and Pinikura People
- The PKKP Aboriginal Corporation as the Local Aboriginal Corporation for the Puutu Kunti Kurrama and Pinikura People.

The purpose of the area agreement is to provide consent to a range of agreed acts and agreed purposes between the parties to support the existing operations as part of the mining titles.
Detailed Information:
Details of the agreement

The agreement was entered between the parties so as to provide consent for:
- existing operations
- doing of a future act
- grant or modification of any interest/approval
- modification of existing RTIO titles

for an agreed purpose as decided by the parties.

Agreed Purpose refers to the following activities:
- existing operations
- any modification to the existing operation provided they remain part of RTIO's Pilbara Iron Ore Business
- planning, development and expansion of the business from time to time.

The development, operation or expansion of each of the following activities 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:
(1) power generation facilities to produce electricity
(2) substations, power lines and switching yards
(3) communication facilities and infrastructure
(4) gas and water pipelines, pumping stations and bore-fields
(5) land fill sites
(6) water storage dams and tanks
(7) borrow pits and quarries
(8) access and haulage roads and tracks
(9) airports and related infrastructure
(10) rail infrastructure and works including multi-tracking of railways, sidings, marshalling yards and loops, maintenance and storage facilities, deviation of railways, rail corridors and movement of rail infrastructure, and associated buildings and works
(11) buffer zones, car parks and landscaped areas
(12) administrative offices and other buildings
(13) associated buildings and works

- iron ore processing infrastructure and works including:
(1) stockpiles
(2) crushing and screening plants
(3) conveyors
(4) facilities for the blending of iron ore
(5) associated buildings and works

- construction camps
- town infrastructure and accommodation infrastructure within the ILUA Area:
(1) dwellings
(2) commercial facilities
(3) open space and recreational facilities
(4) dining facilities
(5) communal facilities
(6) roads
(7) car parks
(8) landfill sites
(9) water treatment facilities
(10)associated buildings and works

The agreed purpose will also include dwellings, commercial facilities built in accordance to a government agreement requiring not more than 20% of the lots to be released for the general public. However if the government agreement requires more than 20% of the lots to be released to the general public, then only the individual lots that are required for RTIO's Pilbara Iron Ore Business will be an Agreed Purpose.

Commencement

The agreement commences on the 15 November 2012 and terminates on the termination of the Participation Agreement dated 18 March 2011 between the parties.

Native Title Provisions

Future Acts: This agreement provides consent to future acts without conditions but in accordance with the agreement.

Right to Negotiate: This agreement does not apply the Right to Negotiate.

Native Title in the ILUA Area

The agreement covers areas of the Claimant Applications lodged in the Federal Court and allocated numbers WAD126/2005 (NNTT number WC05/04) and WAD6007/2001 (NNTT number WC01/05) accepted for registration on 15 August 2006 and 29 November 2011 which falls under the jurisdiction of the Shire of Ashburton.



Related Entries

Organisation
  • Hamersley Iron Pty Ltd - Signatory
  • Robe River Mining Company Pty Ltd - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • PKKP Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Puutu Kunti Kurrama People - Signatory
  • Pinikura People - Signatory
  • Angelina Cox, Angie Cox, Annabelle Stewart, Arness James,Charleston Cox, Darryl Hughes, Gary Hughes, Harold Ashburton,Maudie Dowton, Mitchell Drage and Maurice Daublin on behalf of the Puutu Kunti Kurrama and Pinikura People - Signatory

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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