Nyikina Mangala Ungani Project Infrastructure Indigenous Land Use Agreement (ILUA)
|Date: ||15 June 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Located in the vicinity of Derby, Western Australia, Australia|
|The Agreement Area is comprised of two areas equalling about 2 sq km and is located approximately 80 km south west of Derby in the state of Western Australia.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 June 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:WI2015/001|
|Subject Matter:||Access | Native Title | Oil and Gas | Petroleum|
|Summary Information: |
|The Nyikina Mangala Ungani Project Infrastructure Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- Buru Energy Limited;
- Diamond Resources (Fitzroy) Pty Ltd; and
- Walalakoo Aboriginal Corporation RNTBC.
The purpose of the Agreement is to provide consent for the granting of easements within the Agreement Area.
|Detailed Information: |
|> Commencement |
The Agreement was registered with the Register of Indigenous Land Use Agreements on 15 June 2015. The Extract does not specify a start or end date for the Agreement.
The Extract does, however, note that the Agreement commences on the Commencement Date, being the date on which all parties have executed the Agreement.
The Agreement will terminate at the same time as the termination of the Ungani Co-Existence Agreement.
However, the rights and obligations of a party under Clauses 6 and 11 of the Agreement will continue beyond termination until the particular obligation is fulfilled. The provisions of clauses 13 and 14 continue to apply during this period.
No breach of the Agreement will give any party the right to terminate, however a party may exercise any right or remedy otherwise available.
i. by written notice, a party can apply for the Agreement's removal from the Register; and
ii. despite s 24EA(1) of the Native Title Act, but subject to clause 2(b), the parties are not required to comply with the Agreement between the termination and its removal from the Register.
Ungani Co-Exsitence Agreement
The "Ugani Co-existence Agreement" is the Agreement entered between the parties (and others) at the same time as this Agreement.
Native Title Provisions
Consent to Future Acts
The Agreement provides consent for the doing of certain Future Acts, including the grant of easements in the Agreement Area.
Right to Negotiate
The Right to Negotiate under section 24EB(1)(c), Part 2 Division 3 of Subdivision P of the Native Title Act does not apply.
Grant of Easements
The Nyikina Mangala people consent to the grant of the following easements:
1. The Project Pipeline and Road Easement;
2. The Load Out Facility Easement; and/or
3. an easement that provides for the purposes of both the Project Pipeline and Road Easement and Load Out Facility Easement provided that it is over no greater or different area than each of them (Easements).
A 'grant' includes the granting, renewal, extension, re-granting or re-making of an easement.
A “Load out Facility Easement” means a Crown easement or Crown lease for the purposes of a load out facility and other facilities described in the Load Out Facility HIA Notice attached in Schedule 2 [of the agreement] which will be a maximum area of 400m by 400m and located within the area identified on the map in Schedule 1 (see attached).
"Production Licences" means the applications for and any production licence Granted pursuant to production licence applications STP-PRA-0004 and STP-PRA-0005.
“Project Pipeline and Road Easement” means Crown tenure for the purposes of up to two petroleum pipelines and an access road:
(a) which will be an easement for a maximum area of 20 meters in width between the Load Out Facility Easement and the central production facility within the boundary of the Production Licences;
(b) which will be a lease or an easement for the area of the central production facility with the boundary of the Production Licences; and
(c) to the extent that it is within the Nyikina Mangala Native Title Area, is within the area identified on the map in Schedule 1 [a copy of the map in Schedule 1 is attached to this Register extract].
Native Title in the ILUA Area
The Nyikina Mangala Native Title Area includes all the land and waters the subject of the Approved Determination Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6)  FCA 545 recognising the Nyikina Mangala People as the common law holders of native title.