Indigenous Land Use Agreement Western Australia

Noongar Cultural Centre – US$5.3 million and up to two hectares of land for the development of a Noongar Cultural Centre. The agreement, known as the Western Cape Community Co-existence Agreement, covers one of the world`s largest bauxite mines, now operated by Rio Tinto. It is also known as the Comalco Indigenous Land Use Agreement (ILUA). Signatories include 11 traditional ownership groups in Queensland, four Indigenous Community Councils (Aurukun, Napranum, Mapoon and New Mapoon), Comalco Aluminium Limited and Cape York Land Council on behalf of local parties. The Queensland government is also a signatory and has agreed to provide additional financial benefits when the agreement is registered. ILUA covers two mining leases, but agrees to all “alternative extensions, renewals or deliveries” necessary for access and transport of materials between territories. The parties also agree that Queensland Ports Corporation grants the operator the land and rights necessary to fulfill its interests in the contractual territory, including the shipment of goods in and out of Weipa. IlUA states that this consent is not intended to “prevent the application of laws relating to the protection of Aboriginal cultural heritage or the protection of the environment in relation to the protection of Aboriginal cultural heritage or environmental protection.” IlUA provides for the protection of Aboriginal culture and heritage by introducing a condition imposed on any new mining and oil development granted in the area of the agreement. This requirement requires supporters to enter into a standard Yamatji Proponent Standard Heritage Agreement with the Regional Unit or some other form of Aboriginal-heritage agreement with regional unity. The new condition provides for the need to conclude an agreement on cultural heritage before the exercise by supporters of one of the rights, powers or duties in accordance with the overlapping part of the mandate in the territory of the convention. The NSHA provides the parties with a framework for fulfilling Aboriginal management obligations and conducting Aboriginal heritage investigations, where appropriate, and facilitates compliance with the Aboriginal Heritage Act of 1972 and rules in which a planned land use activity can impact an Aboriginal area. The year 2014 marks Argyle`s participation agreement between Rio Tinto and the mine`s traditional owners, the Gija and Mirriuwung.

When the participation agreement was signed ten years ago, it set a new benchmark in Australia for land use agreements between resource companies and traditional owners: it created not only income streams for future generations of local Aboriginal people, but also significant opportunities for training, employment and business development and a voice for Aboriginal people in mining decisions that affect their interests. Thus, during the negotiations of the agreement, Argyle presented a commitment that was probably unique in the history of the mining industry: Argyle would not pursue its plans for an underground mine without the agreement of the traditional owners, when the law did not require it. Noongar Land Fund – up to $46,850,000 over 10 years for agriculture-related projects under the Native Title Act, exploration or mining activities invoke the “right to negotiate” that gives local title parties the opportunity to negotiate agreements with supporters. These agreements define the conditions for the implementation of each future legislative act, including, in some cases, the provision of jobs and training, the protection of the environment or cultural heritage or compensation and payments. If the parties are unable to reach an agreement, a party may request a decision from the Native Title Tribunal. On February 7, 2020, the State of Western Australia and southern Yamatji, Hutt River, Mullewa Wadjari and Widi Mob concluded that groups have entered into an Indigenous Land Use Agreement (ILUA) that documents a national title regime agreed upon during negotiations on the Geraldton Settlement Option Agreement.