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RTIO and Nyiyaparli Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 March 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:In the vicinity of Newman in Western Australia
State/Country:Western Australia, Australia
Shire of Ashburton, Shire of East Pilbara, Shire of Meekatharra, Shire of Wiluna
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:WI2012/007
Subject Matter:Future Act | Land Use | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA_-_Registered_ILUA_-_RTIO_and_Nyiyaparli_ILUA_WI2012_007.aspx
Summary Information:
The RTIO and Nyiyaparli Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- Hamersley Iron Pty Limited (Applicant);

- Robe River Mining Co Pty Ltd on its own behalf as a Venturer and as Manager for and on behalf of the Robe River Iron Associates;

- Hamersley HMS Pty Ltd as Manager for and on behalf of the Hope Downs Joint Venturers;

- Hamersley Resources Ltd on its own behalf as a Venturer and as Manager for and on behalf of the Rhodes Ridge Joint Venturers; and

- 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 Nyiyaparli People.

The purpose of this agreement is to provide for certain mining activities.
Detailed Information:
Details of the Agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 13 March 2013.

The Extract records the start date of the ILUA as 12 July 2012. There is no end date specified.

Clause 13.1 of the Agreement states that the ILUA commences upon the commencement date. The "commencement date" is defined as the earliest date whereupon:

(a) the parties' names were inserted on page 1 of the body of the Agreement document, or where
no date has been inserted or the date inserted is manifestly wrong, the date on which this
document is taken to have been signed by all of the parties named on page 1 of the body of this
document; or

(b) the date on which this document is notified by the Registrar in accordance with section
24CH of the Native Title Act.

The Extract also outlines Clause 13.2 of the Agreement. That Clause concerns the termination of the Agreement and is subject to further Clauses of the Agreement, namely 13.3 and 18.3(c) thereof.

Subject to those Clauses, the Agreement will terminate on the earlier of:

(a) the termination of the Participation Agreement in accordance with its provisions ; and

(b) the Registration of the First ILUA.

The Extract provides no additional information regarding commencement or termination of the Agreement.

Native Title Provisions

The Extract outlines certain provisions relating to Statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4)of the Native Title Act.

Consent to Agreed Acts

Clause 8.1 of the Agreement states:

(a) The Native Title Applicants agree with, consent to and support and continue to agree with, consent to and support the Existing Operations including all RTIO [Rio Tinto Iron Ore] Existing Titles.

(b) Subject to clause 11.12 of the Participation Agreement and clause 8.1(c), the Native Title
Applicants agree with, consent to and support, and continue to agree with, consent to and
support:

(i) the doing of every Future Act;
(ii) the Grant or Modification of every:

(A) Approval; and
(B) Interest, and

(iii) the Modification of every RTIO Existing Title, that is for an Agreed Purpose.

(c) Clause 8.1(b) does not apply to the extent an act or thing is done or to be done within or in relation to the Special Cultural Significance Areas.

(d) RTIO warrants that, as at the Commencement Date, it does not have any Existing
Operations and is not seeking the Grant of any new Interests of Approvals within or in relation to the Special Cultural Significance Areas.

Clause 8.2 of the Agreement concerns consent to reliance on Approvals and Interests. That Clause states:

Without limiting clause 8.1, the Native Title Applicants agree with, consent to and support and
continue to agree with, consent to and support the reliance on and the conduct by RTIO Entities
of all activities required, permitted or contemplated by each Agreed Act, including as Modified.

Clause 8.5 of the Agreement defines "Agreed Purpose" as:

(a) An 'Agreed Purpose' means any of the following from time to time:

(i) the Existing Operations;
(ii) any Modification of any of the things comprising those operations provided they
remain part of RTIO's Pilbara Iron Ore Business; and
(iii) the planning, development, operation
and expansion, further expansion and decomissioning of any aspect of RTIO's Pilbara Iron Ore Business from time to time, including new iron ore mines, borrow and ballast pits and
necessary supporting infrastructure.

(b) Without limiting clause 8.5(a), the development, operation or expansion of each of the following 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; iron ore processing infrastructure and works; construction camps; town infrastructure and accommodation infrastructure.]

(c) In this clause 8.5, 'Substantial Reason' means, subject to clause 8.5(d), on the balance of probabilities, it would have been unlikely to be developed, constructed or operated were it not required for RTIO's Pilbara Iron Ore Business, even though it may be used for other purposes.

(d) Where the Agreed Purpose is for town infrastructure comprising dwellings or commercial facilities within a town:

(i) if:

(A) the dwellings or commercial facilities are being established in accordance with a Government Agreement that requires not more than 20% of the total occupied, or to be occupied, dwellings or commercial facilities to be offered for sale or lease to the general public;

(B) each of the dwellings or commercial facilities that are not required to be offered for sale or lease to the general public would have been unlikely to be developed or constructed were it not required for RTIO's Pilbara Iron Ore Business, then each of the dwellings or commercial facilities will be an Agreed Purpose;

(ii) where clause 8.5(d)(i) does not apply, it will only be an Agreed Purpose if and insofar as each of the dwellings or commercial facilities would have been unlikely to be developed or constructed were it not required for RTIO's Pilbara Iron Ore Business.

Future Acts Provisions

The Extract notes Clause




Related Entries

Agreement
  • RTIO and Nyiyaparli People Additional ILUA (Area Agreement) for Nyiyaparli People's Native Title Claim #3 (ILUA)

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