Rio Tinto Iron Ore (RTIO) Kuruma Marthudunera People Indigenous Land Use Agreement (ILUA)
|Date: ||11 February 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Pannawonica|
|State/Country:||Western Australia, Australia|
|The Agreement Area covers about 11,920 sq km, extending 100 km southeast and 75 km northwest of Pannawonica, Western Australia. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 February 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:WI2012/006|
|Subject Matter:||Land Use | Mining and Minerals | Native Title|
|Summary Information: |
|The RTIO Kuruma Marthudunera People Indigenous Land Use Agreement (ILUA) was agreed between: |
- Hamersley Iron Pty Ltd;
- Mark Lockyer, Neil Finlay, Jack Alexander and Gloria Lockyer on their own behalf as Registered Native Title Claimant and on behalf of the Kuruma Marthudunera People;
- Kuruma Mathudunera Aboriginal Corporation ICN 7612 as the Local Aboriginal Corporation for the Kuruma Marthudunera Peopl;
- Robe River Limited; and
- Robe River Mining Co Pty Ltd on its own behalf as a Venturer and as Manager for and on behalf of:
(a) Robe River Mining Co Pty Ltd;
(b) Mitsui Iron Ore Development Pty Ltd;
(c) Cape Lambert Iron Associates, a business carried on under that name by Nippon Steel
Australia Pty Ltd, Sumitomo Metal Australia Pty Ltd, and Mitsui Iron Ore Development Pty Ltd; Pannawonica Iron Associates, a business carried on under that name by Nippon Steel Australia Pty
Ltd and Sumitomo Metal Australia Pty Ltd; and North Mining Ltd, in their capacity as participants in the Robe River Iron Associates Joint Venture.
The purpose of the ILUA is to provide consent and support for existing RTIO operations. Consent extends to the doing of Future Acts with respect to the modificaiton of presently existing RTIO operations.
|Detailed Information: |
This ILUA was registered on 11 February 2013. The Extract notes the start date as 21 August 2012 and does not specify an end date.
The ILUA therefore commences operation from 21 August 2012. The Agreement terminates, in accordance with the Participation Agreement, subject to a number of clauses.
These conditional clauses include:
Clause 13.2: "The rights and obligations of the parties under clauses 8 and 12 which have accrued at the date of termination of this document pursuant to clause 13.1 will continue beyond such date of termination until the particular obligation is fulfilled and the provisions of this document dealing with procedural matters, including clause 18, will continue to apply until the fulfilment of such obligations.
Clause 18.3(c): The confidentiality provisions in this document survive the termination of this document.
The Extract registered with the National Native Title Tribunal does not provide further information as to the Participation Agreement or additional clauses.
Native Title Provisions
The ILUA provides consent for the doing of Future Acts under ss.24EB(1) and / or 24EBA(1) or (4) of the Native Title Act. Consent and support is provided for activities required to grant or modify RTIO's existing title. Consent for Future Acts arises from the parties' agreement to a number of Approved Agreed Acts, including:
- modfication of operations by RTIO;
- planning, development, operation and expansion, further expansion and
decommissioning 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; and
- the development, operation or expansion of:
(i) new power, water, rail and road infrstructure and associated infrastructure and works within the ILUA Area such as:
(A) power generation facilities to produce electricity;
power lines and switching yards;
(C) communication facilities and infrastructure; (D) gas and water pipelines, pumping stations and borefields;
(E) land fill sites;
(F) water storage dams and
(G) borrow pits and quarries;
(H) access and haulage roads and tracks;
(I) airports and
(J) rail infrastructure and works including multi-tracking of railways,
sidings, marshalling yards and loops, maintenance and storage facilities, deviation of railways, rail corridors and movement of rail infrastructure, and associated buildings and works;
(K)buffer zones, car parks and landscaped areas; (L) administrative offices and other buildings;
(M) associated buildings and works;
(ii) iron ore processing infrastructure and works including:
(B) crushing and
(D) facilities for the blending of iron ore; and (E) associated buildings and works;
(iii) construction camps; and
(iv) town infrastructure and accomodation infrastructure within the ILUA Area, including: (A)dwellings;
(B) commercial facilities;
(C) open space and recreational facilities;
(D) dining facilities;
(E) communal facilities;
(G) car parks;
(H) landfill sites;
(I) water treatment facilities; and
(J) associated buildings and works.
The above purposes must be based upon a ‘Substantial Reason.' A purpose that, on the balance of probabiltiies, would have been unlikely to be developed, constructed or operated were it not required for RTIO’s Pilbara Iron Ore Business, will not be founded on a Substantial Reason. The exception to this provision is where the purpose concerns town infrastructure (dwellings or other commercial facilities).
The right to negotiate process, per Subdivision P of Division 3 of Part 2 of the Native Title Act does not apply to the ILUA.
Background to the Agreement
The Kuruma Marthudunera combined claimant application was lodged in 1998 over 15,717.407 square kilometres in the Pilbara region, Western Australia. The claim has been registered and the Yamatji Marlpa Aboriginal Corporation is the representative body. The claim is currently in mediation.
Hamersley Iron is a mining company the headquarters of which are located in Perth, Western Australia. All operational offices are located in the Pilbara, approximately 1600 kilometres north of Perth. Hamersley's sales offices are distributed throughout Europe and the Asia Pacific region. Hamersley Iron is wholly owned by the Rio Tinto Group of companies and is a major supplier of iron ore.
Robe River Mining Company Pty Ltd is a wholly owned subsidiary of Rio Tinto.
The Robe River mines include the Pannawonica and West Angelas (commenced operations in 2002). The West Angeles Mine is located approximately 300 km southeast of Pannawonica.
Robe River operates two open pit mining operations in Western Australia. Mesa J is located in the Robe Valley, north of the town of Pannawonica. The mine produces Robe River fines and lump, which are pisolitic iron ore products. The West Angelas mine, opened in 2002, is located approximately 100 kilometres west of the town of Newman. The mine produces West Angelas fines and lump, which are Marra Mamba iron ore products. The crusher and port facilities are located at Cape Lambert in the Pilbara region.
Native Title in the ILUA Area.
The Kuruma and Marthudunera (combined) people filed an application for a determination of native title in March 1998 (Federal Court No WAD6090/98). That application was registered on the Native Title Register and is currently in mediation.