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Native title - ILUAs

The resources industryworks with government and non-government agencies to generate long-lasting, sustainable change for the communities in the sector operates. As few individual companies have the capacity to make such wide reaching change, a great deal of effort is put into working collaboratively to create an impact for the benefit of all Indigenous South Australians, to ensure that they share in the well-being of the State.

Currently, SACOME is involved in the negotiation of ILUAs with the Kokatha Uwankara and the Ngadjuri Nation #2 Claimant Groups. Having presented a plain English version of the current ILUA framework agreement to the Kokatha Uwankara and a high level proposal of how a negotiation program may proceed, including possible amendments to the current framework agreement, we are presently awaiting a response from the Claimant Group.

Advantages of ILUAs

The ILUAs negotiated by SACOME on behalf of the sector collectively are fully pre-negotiated.

Minerals and petroleum explorers and producers seeking to work in South Australia will find that these represent significant advantages in cost, time and certainty over the alternative 'Right To Negotiate' (RTN) option.

 Timing

  • no need to give 2 or 3 months notice as for RTN
  • no need for extended negotiations as for RTN
  • can form contract immediately by “signing up”
  • immediate access for early exploration (except Antakarinja)

Cost

  • Avoids uncertain costs of notification (of $20k—$30k +)
  • “signing on” fee less than RTN agreements & negotiation costs and is known and certain
  • Survey rates are fixed and CPI/WCI indexed (RTN agreements are more than CPI/WCI)
  • ILUA can contain State incentive package

Certainty

  • All future native title claimants are bound
  • all native title parties bound by this whether parties or not
  • compensation settled unlike Part 9B exploration agreements.
  • Right to add tenements
  • automatic right to add tenements (other than Antakarinja)
  • increasingly not possible under Part 9B agreements

 

Minerals Exploration ILUA's

As at November 2013, Minerals Exploration ILUA's in South Australia are in place for:

  • Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC
  • Gawler Ranges Native Title Claim Group
  • Ularaka Arabunna Association Incorporated
  • Antakirinja Matu - Yankunytjatjara Aboriginal Corporation

Copies of the agreements can be obtained from DMITRE Minerals | ILUA 

Petroleum Conjunctive ILUA's

As at November 2012, Petroleum Conjunctive ILUA's in South Australia are in place for:

  • Yandruwandha/Yawarrawarrka Native Title Claim Group
  • Wangkangurru/Yarluyandi Native Title Claim Group

Copies of the agreements can be obtained from DMITRE Petroleum | ILUA  

 

ILUA's Registered in South Australia as at November 2013

Native Title  ILUA maps Jun 2012 Page 4