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Yindjibarndi People and RTIO Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 August 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Wittenoom, Western Australia, Australia
The Agreement Area includes the land and waters about 12,100 sq km located approximately 25 kilometres north west of Wittenoom.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 May 2015. This is a Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2014/005
Subject Matter:Future Act | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2014/005
Summary Information:
The Yindjibarndi People and RTIO Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Hamersley Iron Pty Limited;

- Robe River Mining Co Pty Ltd;

- Yindjibarndi Aboriginal Corporation RNTBC; and

- Thomas Jacob, Stanley Warrie, Allum Cheedy, Kevin Guiness, Angus Mack, Michael Woodley, Joyce Hubert, Pansy Sambo, Jean Norman, Esther Pat, Judith Coppin and Masie Ingie on their own behalf as registered native title claimants and on behalf of the Yindjibarndi #1 Claim Group (WAD6005/2003).

The purpose of this Agreement is to provide consent and support for the doing of Agreed Acts in relation to mining and access.

Detailed Information:
Commencement

The Extract specifies the start date of the Agreement as 12 August 2013.

No end date is specified, however the Agreement will terminate (subject to clauses 12.2 and 17.3(c)) on the termination of the Participation Agreement.

Details of the Agreement

The Agreement provides consent by the Yindjibarndi people to support Rio Tinto Iron Ore's (RTIO's) future exploration, infrastructure development and mining within the Agreement Area.

Native Title Provisions

Future Act Provisions

The Agreement provides consent and support from the Yindjibarndi people and their representatives, the Yindjibarndi Aboriginal Corporation (YAC), for RTIO to continue their existing mining operations.

In addition, the parties consent to:

- the doing of certain Future Acts;
- the grant or modification of each approval and interest and modification of an existing title for an Agreed Purpose.

This consent extends to any activities and conduct of RTIO entities.

Right to Negotiate

The right to negotiate, as outlined under Subdivision P of Division 3 of Part 2 of the Native Title Act does not apply to any Agreed Act.

RTIO Existing Titles

RTIO's Existing Titles are defined under Clause 7.4 of the Agreement to include:

(a) approvals and their related interests that have been granted over the Agreement Area held by an entity of RTIO or a third party upon whom RTIO relies to conduct their business; and

(b) approvals and their related interests created in substitution to those outlined above.

Notice

Under the Agreement RTIO may, but is notobliged to give YAC and the Yindjibarndi people notice of an Agreed Act.

However, where a request is made by YAC or the Yindjibarndi people, RTIO must provide notice within 15 days.

Any entity conducting business on RTIO's behalf is obliged to give YAC and the Yindjibarndi people notice of an Agreed Act that is:

i. a mining tenement;
ii. a statutory easement in gross;
iii. a censure that confers a right of exclusive possession; or
iv. the compulsory acquisition of native title.

The notice must:

i. be in writing;
ii. identify the Agreed Act;
iii. describe the location of the Agreed Act;
iv. inform YAC or the Yindjibarndi people of their right to issue a Dispute Notice;
v. provide a map showing the land subject to the Agreed Act; and
vi. attach a copy of the clause in the Agreement relating to notice.

Deemed Agreed Acts

All Agreed Acts identified in the notice from RTIO are deemed and agreed to by the parties to be Agreed Acts where:

i. YAC or the Yindjibarndi people do not serve a Dispute Notice; or
ii. YAC or the Yindjibarndi people do serve a Dispute Notice but the dispute is resolved in favour of the Agreed Act.

After having received notice, YAC or the Yindjibarndi people may issue a Dispute Notice no earlier than 30 Business Days.

Agreed Act Certificate

RTIO may provide to the State of Queensland, any Government Agency or any other person an Agreed Act Certificate.

That Certificate may include:

i. a copy of any relevant notice;
ii. a copy of the clause relating to Agreed Act Certificates;
iii. confirmation that the notice has not been withdrawn; and
iv. a statement that no Dispute Notice has been served.

RTIO Entities

In relation to the Agreed Acts, the Agreement discharges any obligation of RTIO Entities in relation to procedural rights conferred upon YAC and the Yindjibarndi people.

However, where an RTIO Entity does have an obligation to issue notice to YAC and the Yindjibarndi people about an Agreed Act, the notice may be issued separately or through the procedure outlined above.

Despite RTIO Entities being discharged of any obligation to confer procedural rights in favour of the Yindjibarndi people, nothingderogates from those procedural rights attaching to the Yindjibarndi people as:

i. owners of a freehold estate;
ii. holders of a lease for industrial or commercial purposes; or
iii. holder of an interest in land for the establishment or use as an Aboriginal residence or residential community.

The parties

The Yindjibarndi Aboriginal Corporation (YAC) is the legally appointed representative of the Yindjibarndi people and on their behalf negotiates access to Yindjibarndi country by commercial interests.

Yindjibarndi people traditionally lived in the area near the town of Roebourne in the Pilbara region of Western Australia. The area is bordered by Kariyarra and Nyamal land to the north, Ngarluma to the west, Martuthunira and Kurrama land to the south and Nyiyaparli and Palyku land to the east. It is around the area of the Fortescue River.

Background

Native Title in the ILUA Area

The Yindjibarndi people lodged a native title claim in July 2003 which was registered in August 2003. The application area is in the Pilbara in the vicinity of Karijini National Park bordering the native title applications of the Kuruma Marthudunera Combined and the Eastern Guruma claim amongst others.

For further information, see http://www.riotinto.com/media/media-releases-237_8787.aspx.

Related Entries

Organisation
  • Hamersley Iron Pty Limited - Signatory
  • Robe River Mining Company Pty Ltd - Signatory
  • Yindjibarndi Aboriginal Corporation - Signatory
  • State of Western Australia
  • National Native Title Tribunal
  • Hamersley Iron Pty Ltd
  • Hamersley HMS Pty Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Mining Act 1904 (WA)
  • People
  • Yindjibarndi People - Signatory

  • Documents

    Document
    Yindjibarndi People and RTIO Indigenous Land Use Agreement (Initial ILUA) Clauses 7.5 and 7.6 of the Agreement - ( PDF)
    Yindjibarndi People and RTIO Indigenous Land Use Agreement (Initial ILUA) Extract from Register of Indigenous Land Use Agreements - ( PDF)
    Yindjibarndi People and RTIO Indigenous Land Use Agreement (Initial ILUA) Schedule 1 Description of the ILUA Area - ( PDF)
    Yindjibarndi People and RTIO Indigenous Land Use Agreement (Initial ILUA) Schedule 2 Map of ILUA Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Legislation | National Native Title Tribunal (NNTT) (Australia) | Native Title Claimants (registered) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | State Government | Aboriginal Corporation (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Applications/Claims (Australia) | Native Title Registers | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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