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Yinhawangka and BHP Billiton Project Agreement Initial Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 July 2016
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per schedule 1 of the agreement, as the land and waters within the determination applications WAD340/10 and WAD216/10 lodged with the Federal Court of Australia ('FCA'), but excluding the area of Karijini National Park.
State/Country:Western Australia , Australia
The ILUA is located in the local government regions of Shire of Ashburton, Shire of East Pilbara, Shire of Meekatharra.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 July 2016. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: WI2016/001.
Subject Matter:Access | Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/001
Summary Information:

Yinhawangka and BHP Billiton Project Agreement Initial Indigenous Land Use Agreement ('ILUA') was agreed on the 29 July 2016 under the provisions of the Native Title Act 1993 (Cth) between Churchill Jones and others in their capacity as registered native title claimants in relation to the Yinhawangka Claims and on behalf of the Yinhawangka People, and BHP Billiton Iron Ore Pty Limited.

The purpose of the ILUA is to provide consent for access to and use of the agreement area for mining purposes.

The agreement area covers about 10,108 sq km in the vicinity of Paraburdoo.

The Native Title Representative Body for this area is Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

The area covers about 10,108 sq km in the vicinity of Paraburdoo. See the attached schedule 1 for detailed coordinates of he external boundaries of the agreement area.


Commencement:

This agreement commenced operating either:

  • on the date when the last of the parties signed the agreement; or
  • if the agreement for the project of developing the mine commenced operating at later date, on the date when the project agreement commenced.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities consented to by this agreement do not extinguish the native title rights and interests in the agreement area.

Future acts provisions

The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). As such, the parties consent to non-native title parties doing acts associated with the mining project.

Native Title in the ILUA Area:

The determination applications WAD340/10 and WAD216/10 were determined bu consent in the FCA proceeding Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801. (FCA File No.: WAD216/10, WAD340/10, NNTT File No.: WCD2017/003). The ILUA area is within the determination area of Yinhawangka People Part A and B.


Related Entries

Agreement
  • Jones on behalf of the Yinhawangka people v State of Western Australia [2017] FCA 801
  • Organisation
  • National Native Title Tribunal
  • Yamatji Marlpa Aboriginal Corporation
  • Shire of Ashburton
  • Shire of East Pilbara
  • Meekatharra Shire
  • BHP Billiton Iron Ore - Signatory
  • Yinhawangka Aboriginal Corporation RNTBC
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Churchill Jones and others on their own behalf and on behalf of the Yinhawangka People - Signatory
  • Yinhawangka People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2016/001 as at 29 July 2016 (Yinhawangka and BHP Billiton Project Agreement Initial ILUA). - ( Thumbnail | PDF | PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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