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Banjima & RTIO Participation Agreement Indigenous Land Use Agreement (ILUA) (Body Corporate Agreement)

Category: Agreement
Date: 1 November 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 14 of the Agreement, as the lands and waters within the external boundaries of the Banjima Determination, excluding the Karijini National Park and the "Unclaimed Areas" as defined in the Banjima Determination.

State/Country:Western Australia, Australia
The area within the jurisdiction of the Shire of Ashburton, the Shire of East Pilbara, and the Town of Port Hedland.
Legal Status:

Registered with the National Native Title Tribunal (NTTT) on the Register of Indigenous Land Use Agreements on 1 November 2016. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title File No.:WI2016/002
Subject Matter:Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2016/002
Summary Information:

The Banjima & RTIO Participation Agreement Indigenous Land Use Agreement ('ILUA') was made under the provisions of theNative Title Act 1993 (Cth) between:

  • the Banjima Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC), in its capacity as Banjima Prescribed Body Corporate (PBC) and in its capacity as agent and attorney for and on behalf of the Banjima People,
  • Hamersley Iron Pty Limited;
  • Hamersley HMS Pty Ltd on its own behalf as Venturer and as Manager for and on behalf of the Hope Downs Joint Venturers;
  • 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;
  • Ranges Management Company Pty Ltd as Manager for and on behalf of the BaoHI Ranges Joint Venturers;
  • Mount Bruce Mining Pty Ltd; and
  • Hamersley Iron - Yandi Pty Ltd.

The agreement covers an area of about 8089.8 sq km located to the north and east of the Karijini National Park, approximately 74 km east of Tom Price and approximately 72 km north west of Newman, in Western Australia.

The purpose of the agreement is to provide consent, from time to time, for a range of acts in relation to existing operations, and also the planning, development, operation and expansion, and further expansion and decommissioning of any aspect of RTIO's Pilbara Iron Ore Business.

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

Detailed Information:

Background to the Agreement

This ILUA was reached after more than ten years of negotiations and is Rio Tinto's tenth in the Pilbara region (Rio Tinto, 2016). It provides Rio Tinto with consents to all current and future exploration, infrastructure and mining within the Banjima Claim boundary while also supporting cultural, community and commercial development activity for the Banjima people (Tom Zaunmayr, 2016).

Details of the Agreement

The ILUA provides consent to a range of acts in relation to Rio Tinto's existing titles (approvals or interests), as held at the commencement date by either a Rio Tinto entity, or a third party for which Rio Tinto materially relies on in relation to its Pilbara Iron Ore Business, and any approval or interest created in substitution for any existing title. The ILUA also provides consent to the planning, development, operation and expansion, and further expansion and decommissioning of any aspect of RTIO's Pilbara Iron Ore Business.

Commencement

The ILUA commenced on 1 November 2016, the date it was registered with the National Native Title Tribunal (NNTT).

Native Title Provisions

The Extract notes that statements of the kind mentioned in subsections 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth) apply to this ILUA. This means that the ILUA provides consent for the doing of acts for an agreed purpose by non-native title parties; effects the rights of the native title party to negotiate with non-native title parties proposing to undertake a future act or validate any previous future acts.

Native Title in the ILUA Area

The ILUA is located within the area of native title recognised by the Federal Court of Australia (FCA), on 11 March 2014, in the consent determination Banjima People v State of Western Australia & Ors [2014] FCA (FCA Fiile No: WAD6096/1998; NNTT File No: WCD2014/001).


Related Entries

Agreement
  • Banjima People v State of Western Australia (No 3) [2014] FCA 201
  • Organisation
  • National Native Title Tribunal
  • Banjima Native Title Aboriginal Corporation - Signatory
  • Shire of Ashburton
  • Shire of East Pilbara
  • Yamatji Marlpa Aboriginal Corporation
  • Hamersley HMS Pty Ltd - Signatory
  • Hope Downs Iron Ore Pty Ltd
  • Ranges Management Company Pty Ltd - Signatory
  • Robe River Mining Company Pty Ltd
  • Hammersley Iron - Yandi Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • References

    Media Release
    Rio Tinto Rio Tinto celebrates agreement with Banjima People
    Newspaper Article
    Tom Zaunmayer Banjima traditional owners, Rio reach deal, The Western Australian.

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/002 as at 06/09/2017 (Banjima & RTIO Participation Agreement ILUA) - ( PDF | PDF)

    Glossary

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

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