Yandruwandha/Yawarrawarrka Petroleum Conjunctive Indigenous Land Use Agreement (ILUA)
|Date: ||22 August 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||South Australia, Australia|
|The ILUA area covers approximately 40,250 square kilometres in the vicinity of Innamincka, in the north-east corner of South Australia.
This Agreement applies to the same area as native title determination application SAD6024/89
Yandruwandha/Yawarrawarrka Native Title Claim (SC98/1) as accepted for registration on 08
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 August 2008. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. SI2006/008.|
|Subject Matter:||Mining and Minerals | Native Title|
|Summary Information: |
|The Yandruwandha/Yawarrawarrka Petroleum Conjunctive ILUA was agreed between:|
- the Attorney General of South Australia;
- the Minister for Mineral Resources Development;
- Charlie Moore, Leslie Harris, Fay Nicholls, Theresa Bottrell, Aaron Paterson, Anita Paterson and Fredrick Brown for and on behalf of the Yandruwandha/Yawarrawarrka Native Title Claim;
- The Yandruwandha/Yawarrawarrka Traditional Land Owners (Aboriginal Corporation);
- The Aboriginal Legal Rights Movement Inc (now South Australia Native Title Services); and
- The South Australian Chamber of Mines and Energy Inc.
The purpose of the ILUA is to provide a 'conjunctive' framework that governs the grant of licences for both petroleum exploration and production. It is the first such 'conjunctive' agreement in an established petroleum region.
|Detailed Information: |
The parties consent to the grant of various 'Authorised Licences' under prescribed conditions. Authorised Licences include:
- Petroleum Exploration Licences granted pursuant to the framework set out in the ILUA; and
- Petroleum Production Licences granted pursuant to the framework set out in the ILUA.
To obtain a Petroleum Exploration Licence, a Company must enter into an Executed Acceptance Contract. This contract provides for:
- the payment of $60,000 upon the native title party authorising a Petroleum Exploration Licence;
- the payment of administration fees (which vary depending on the term of the agreement);
- the payment of 'further consideration' as a proportion of the substance successfully produced and sold as a consequence of the grant of the licences;
- the company's agreement to consider the employment of members of the native title group;
- the employment of 'scouting teams' to determine whether works may interfere with areas of significance.
Upon entry into an Executed Acceptance Contract, the Company becomes entitled to the grant of a subsequent licence, including (but not limited to):
- a Petroleum Production Licence;
- a Petroleum Retention Licence;
- an Associated Facilities Licence, entitling the Company to construct facilities that are reasonably necessary to conduct petroleum exploration and production;
- a Speculative Survey Licence, entitling the Company to carry out exploratory operations; and
- a Preliminary Survey Licence, entitling the Company to carry out any assessment in preparation to carrying out petroleum exploration or production.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of an authorised licence (and any actions under that licence).
The non-extinguishment principle applies to the grant of an authorised licence. As such, native title rights will merely be suspended (rather than extinguished) to the extent that they are inconsistent with non-native title rights in the ILUA area.
Native Title in the ILUA Area
The ILUA area is located within the claim area of the currently active Yandruwandha/Yawarrawarrka Native Title Claim (Federal Court File No. SAD6024/98). The application for this claim was filed on 8 January 1998. The claim extends over 40,304 square kilometres of land and waters in North East South Australia.