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FMG - Palyku Land Access Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 November 2017
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 Appendix 3 of the Agreement, as all the land and waters:

  • covered by the native title determination application having Federal Court number WAD6287/98 (Cheryl Yuline & Ors & State of Western Australia (Palyku); and
  • not covered by native title determination application having Federal Court number WAD6028/1998 (Johnson Taylor & Ors and State of Western Australia & Others (Njamal).

State/Country:Western Australia, Australia
The area is 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 (NNTT) on the Register of Indigenous Land Use Agreements on 3 November 2017. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2017/004
Subject Matter:Access | Future Act | Land Management | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/004
Summary Information:

The FMG - Palyku Land Access Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the parties:

  • Fortescue Metals Group Ltd, Pilbara Infrastructure Pty Ltd, Chichester Metals Pty Ltd (formerly FMG Chichester Pty Ltd); and
  • Frederick Stream, Elsa Derschow and Cheryl Yuline for themselves and on behalf of all Palyku People.

The agreement area covers about 9447 sq km, approximately 68 km south of Marble Bar.

The purpose of the agreement is to provide consent for the continuation of mining and railway infrastructure within the agreement area.

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

Detailed Information:

Commencement:

This agreement commences upon its execution by the parties.

Termination:

This agreement continues for the life of the project. There are no provisions in the Extract for termination.

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.

Future act provisions

The Extract notes that the agreement provides consent for the grant and renewal of all project tenure insofar as they are future acts for the purposes of s24EB(1)(b) and (c).

This agreement provides the Palyku People's consent to the grant and renewal of all Project Tenure.This means all railway, port and mining tenure, and includes:

  • any exploration licence, ancillary licence, mining lease, and any water extraction authority that FMG reasonably considers necessary or desirable for its mining operations;
  • any present and future tenure that FMG reasonably considers necessary or desirable to operate its railway and port infrastructures

Native Title in the Agreement Area:

The agreement is located within the native title determination application Cheryl Yuline & Ors v State of Western Australia (Palyku), WAD6287/1998 which was combined withthe native title determination application Tammy O'Connor & Ors v State of Western Australia & Ors (Palyku), WAD23/2019 on 31 March 1999. The National Native Title Tribunal file number for the combined application is WC1999/016.

The agreement does not include the land covered by native title determination application Johnson Taylor & Ors v State of Western Australia & Ors (Njamal), WAD6028/1998.


Related Entries

Organisation
  • National Native Title Tribunal
  • Fortescue Metals Group Ltd - Signatory
  • Pilbara Infrastructure Pty Ltd - Signatory
  • Chichester Metals Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Palyku People
  • Frederick Stream, Elsa Derschow and Cheryl Yuline for themselves and on behalf of all Palyku People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/004 as at 3/11/2017 (FMG - Palyku Land Access ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia)

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