Kintyre Mining Development Indigenous Land Use Agreement (ILUA)
|Date: ||19 August 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act) | Treaty (International)|
|Place:||Located in the vicinity of Newman |
|State/Country:||Western Australia, Australia|
|The Agreement Area covers about 1008 sq km and is approx. 260 km northeast of Newman in the State of Western Australia. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 August 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:WI2013/002 |
|Subject Matter:||Economic Development | Oil and Gas|
|Summary Information: |
|The Kintyre Mining Development Indigenous Land Use Agreement (ILUA)was agreed between: |
- Cameco Australia Pty Ltd;
- MDP Uranium Pty Ltd;
- Western Desert Lands Aboriginal Corporation
- Teddy Biljabu, Kevin Fred, Patricia Fry, Lindsay Hardcase, Grant Judson, Ben Odapanie, Colin Peterson, Neil Pitu (Bidu), Pincher
Rubin, Nancy Taylor and Kenny Thomas on behalf of the Martu No 1 claim group; and
- Lynette Dunn and Nabaru (Billy) Landy on behalf of the Karnapyrri claim group
on 18 August 2013.
The purpose of this area agreement ILUA is to provide consent for the doing of certain Future Acts including the grant of Project Titles and Project Approvals in the Agreement Area.
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 19 August 2013.
The Extract notes the start date for the Agreement as 11 February 2013, but does not provide a specific end date.
In addition the Extract outlines Clause 8.2 of the Agreement. That Clause states that the Agreement will terminate, and parties be released of their obligations when:
(a) the Agreement is terminated in accordance with Clause 42; or
(b) all Project Titles, including any extension or renewal of any of them, expire; or
(c) the Parties agree in writing to terminate the document.
The Extract does not, however, outline Clause 42 of the Agreement.
Native Title Provisions
The Extract notes Clause 11.3 of the Agreement. That Clause provides the parties' consent (for the purposes of s.24EB(1) of the Native Title Act, to the grant of Project Titles and Approvals as Future Acts within the Agreement Area.
The Extract goes on to define the terms 'Project Title' and 'Project Approvals' respectively as:
(i)"...all titles and interests, including mining tenements, that are in the opinion
of the Joint Venture Participants (acting reasonably) needed from time to time for the
development, operation, closure and rehabilitation of the Project and all Infrastructure including the Existing Project Applications that are the subject of the Kintyre Native Title Consents , to the
extent each of them are located within the ILUA Area;" and
(ii) "...any authorisation, permit, licence, approval, certificate, consent, direction or notice (including any renewals, replacement or extension) from any Government Agency, for the purpose of, associated with or in connection with the Project, applied for or held by any entity."
The Extract also notes that Subdivision P of Division 3, Part 2 of the Native Title Act does not apply and is not intended
to apply to the grant of any Project Title or Project Approval granted in accordance with this
document, per Clause 11.4 of the Agreement.
Native Title in the ILUA Area.
On 26 June 1996, an application for a native title determination was lodged with the National Native Title Tribunal on behalf of the Martu People. The application originally covered over 219,000 square kilometres of land in the western desert of the Pilbara region. The land subject to the application was mainly unallocated crown land.
After lodgement of the application with the National Native Title Tribunal a lengthy negotiation and mediation process commenced. In September 1998, the application became a proceeding in the Federal Court. Mediation and negotiation was however continued.
After a long process, an agreement was reached between the parties over part of the area covered by the original application. The court gave effect to the agreement on 27 September 2002, noting that it had the power to do so under section 87 of the Native Title Act 1993 (Cth), and that it was satisfied that the agreement was appropriate. An area of 136,000 square kilometres was granted to the Martu People by the determination. Native Title rights of the Ngurrara People were also acknowledged as co-existing over a 5,652 square kilometre area around the Percival Lakes region. Other interests recognised in the determination area included: existing mining tenements under the Mining Act 1978 (WA); the interests of Telstra Corporation; State Agreement Act interests; public rights at common law; access rights held by state and commonwealth instrumentalities; and rights of public access.
The remaining areas of land, including the Rudall National Park, unvested reserves, some mining leases and general purpose leases were excluded from the determination to take account of the decision in Western Australia v Ward  HCA 28. Most of this remaining area will be the subject of further negotiations.
Background to the Determination
The determination was the result of the Martu People’s long held struggle to gain recognition of their traditional rights to their country. In the 1940s, the communities in the western desert resisted the fragmentation and displacement that began with white settlement. In 1946 approximately 500 Aboriginal workers walked off pastoral stations across the Pilbara protesting against the conditions and treatment in the pastoral industry. Some workers, however, remained on the stations and became part of a group known as ‘McLeod’s Mob’, led by prospector and miner, Don McLeod. The division that was consequently created amongst the Martu People continued for many years to follow.
Since 1976, when a conservation reserve was proposed near the culturally significant Durba Hills, the Martu People have fought for title to their country. Initially there were competing claims to the land, and after the Native Title Act commenced in January 1994, eight native title applications were lodged over the area. Seven were later withdrawn following mediation between the claimant groups and in 1998, an agreement was signed to work as a united group.
Mediation continued between other parties and the united claimant group until an agreement was made and court orders were given in relation to the specified area of land in 2002.