Agreements

A range of agreements involving land use and access to land can be made under the Native Title Act 1993

Agreements under the Right to Negotiate (RTN)

The majority of land use agreements in Western Australia are made under the RTN. Where the RTN applies, registered native title applicants can negotiate over proposed future acts, such as the granting of a mining lease or the compulsory acquisition of land. Agreements reached under the RTN usually include access and heritage protection as well as compensation for the loss or impairment of the native title rights and interests of the applicants. An RTN agreement is contractually binding for all parties involved in the negotiation.

The Burrup and Maitland Estate Agreement

The Burrup and Maitland Estate Agreement enabled the State Government to compulsorily acquire native title rights and interests in the area of the Burrup Peninsula, and certain parcels of land near Karratha. The Agreement allows for industrial development to progress across southern parts of the Burrup Peninsula, while ensuring the protection of Aboriginal heritage. details

Indigenous Land Use Agreements (ILUAs)

An Indigenous Land Use Agreement (ILUA) is a voluntary agreement between Aboriginal groups and others about the use and management of land and waters.

An ILUA is much more flexible than an RTN agreement, and may include a broader range of issues and interests.

An ILUA can address past and intermediate acts as well as future acts. It may also replace the future act process entirely.
An ILUA may address issues of access, compensation, extinguishment and coexistence.
Where a RTN agreement is only available to registered native title applicants, an ILUA may include any Indigenous group with native title interests in an area.
An ILUA may be made separately from the formal native title process, form a part of that process or pave the way for a native title determination.
An ILUA does not extinguish native title but may, by agreement, allow for the surrender of native title.
An ILUA has contractual force and once registered, binds all native title holders to the agreement, whether they were parties to the agreement or not.

To date, there have been 12 ILUAs registered in Western Australia. A selection are outlined below:

Nharnuwangga, Wajarri and Ngarla People's ILUA

The first ILUA was negotiated as part of the Nharnuwangga, Wajarri and Ngarla People's native title determination. Under the terms of the agreement, the native title holders will surrender their right to negotiate over the granting of future mining tenements. In return, they will have the right to be consulted and to compensation when any productive mining commences. Recognition and protection of significant Aboriginal sites form the basis of any Heritage Agreement between miners and the native title holders. The Nharnuwangga, Wajarri and Ngarla People's claim covers approximately 53,394 square kilometres of land, north of Meekatharra, in the Shires of Ashburton, Meekatharra and Upper Gascoyne.
Clarrie Smith v Western Australia

Hamersley Iron - Eastern Guruma ILUA

In March 2004, the State Government signed a $38 million Indigenous Land Use Agreement between the Eastern Guruma people, Hamersley Iron Pty Ltd and Rio Tinto Pty Ltd. The 50-year agreement covers an area of 6,774 square kilometres of land south east of Karratha, and allows for exploration, mining and infrastructure development to take place without triggering the Native Title Act's future act regime.

Argyle Diamonds ILUA

The Argyle Diamonds ILUA, between Argyle Diamonds the Miriuwung Gajerrong and Kitja peoples, provides traditional owner support for the development of Argyle's proposed underground mine and financial assistance to local Indigenous communities. (The Argyle Diamond Mine is scheduled for closure in 2008. If an underground operation were to prove feasible, the life of the mining operation would be extended by around 20 years.)
View picture gallery

Airservices Australia - Ngaanyatjarra ILUA

The ILUA, registered on 18 January 2006, ensures that Airservices Australia has continued access to its meteorological and navigational equipment located in the Ngaanyatjarra Lands. It also provides for the protection of cultural heritage when the lands are accessed for equipment upgrading and maintenance.

Ngaanyatjarra Lands ILUA

The ILUA, registered on 9 March 2006, ensures that Western Mining Corporation has continued access to its mining leases and tenements located in the Ngaanyatjarra Lands.

Telstra - Ngaanyatjarra ILUA

The ILUA, registered on 11 August 2006, provides for continued access to Telstra equipment located in the Ngaanyatjarra Lands, and the protection of cultural heritage when the lands are accessed for equipment upgrading and maintenance.

Ord Final Agreement ILUA

The Ord Final Agreement ILUA was registered on 16 August 2006, binding all parties to the terms of the Ord Final Agreement. Parties included the Miriuwung Gajerrong people and the State of Western Australia. The ILUA covers approximately 1450 square kilometres of land in the Kimberley, and provides certainty for the future development of the region.
Details

Eastern Guruma Pastoral ILUA

The Eastern Guruma Pastoral ILUA was registered on 21 November 2007 between the Eastern Guruma people and the Coolawanyah Pastoral Company Pty Ltd. It covers 98.7 square kilometres and pertains to pastoral issues.

Ngarla Pastoral ILUA

The Ngarla ILUA was registered on 21 November 2007. Pertaining to pastoral issues, it was made between the Ngarla people, De Grey and Pardoo pastoral stations. The ILUA covers 3659 square kilometres.

Last Updated: 9-Nov-2009

[ Back to Top ]