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Leading Practice Mining Acts Review | Central Eyre Iron Project mining lease approved

The Arabunna Area Minerals Exploration ILUA has terminated, effective 1 December 2014.  
 
The ILUA authorised the grant of exploration tenements, and the carrying out of exploration activities under those tenements, to explorers who signed up to the ILUA (this was done by entering into an ‘accepted exploration contract’).  
 
The termination of the ILUA means exploration activities that affect native title will now need to be the subject of a native title mining agreement under Part 9B of the Mining Act 1971.
 
Importantly, the termination of the ILUA does not affect existing exploration tenements (including any renewals, regrants and extensions of those tenements), and exploration activities carried out under those tenements, where the explorer entered into an accepted exploration contract before 1 December 2014. The ILUA will continue to apply to those exploration tenements and activities until the accepted exploration contract expires or is terminated.

The Department of State Development has discussed the Part 9B process with the Arabunna’s legal representative to help facilitate the process for explorers to negotiate agreements with respect to mining operations under new exploration tenements. The Department will continue to work with key stakeholders to consider opportunities to further develop streamlined processes for the effective management of native title requirements for the mining and exploration industry into the future.

The attached documents represent the agreement reached between the State Government, South Australian Chamber of Mines and Energy (SACOME), Aboriginal Legal Rights Movement, Arabunna Native Title Claim Group and Ularaka Arabunna Association Incorporated, which was registered on the Register of Indigenous Land Use Agreements on 13 October 2004.

Area covered

Map of the Arabunna ILUA (PDF 315KB)
Boundary and location of the ILUA within South Australia
Description of external boundary - Arabunna Minerals Exploration ILUA (PDF 29KB)
Details the area covered by the ILUA

Summary document (for ease of reference)

Arabunna Native Title Claim Group Minerals Exploration Indigenous Land Use Agreement: Summary (PDF 2.5MB)
Consult the Framework Document and other documentation (see below) for a full understanding of the agreement

Framework document

Arabanna Area Indigenous Land Use Agreement (PDF 946KB)
Includes terms, conditions, obligations of each of the parties, dispute resolution provisions and other agreed matters

Exploration contract conditions


Arabunna Exploration Contract Conditions (PDF 275KB)
Sets out obligations, payments, Aboriginal heritage issues, rehabilitation and other matters

Arabunna exploration contract return for the 12 months ended December 20 (PDF 169KB)


Heritage clearance procedures

Arabunna Heritage Clearance Procedures (PDF 115KB) (Annexure A to Exploration Contract Conditions)
Sets out the process for Heritage Clearance surveys to be undertaken and includes the relevant fees payable by the explorer

Mapping

Mapping Access Procedures (PDF 37KB) (Annexure B to Exploration Contract Conditions)
Mapping Survey Procedures (PDF 55KB) (Schedule 4 to Arabunna Framework ILUA)
Information on  procedures for exploration mapping surveys, cultural mapping surveys and mapping authorisations

Signing up to the ILUA

Arabunna Acceptance Document (PDF 39KB)
To be completed and signed by an explorer wishing to take advantage of the ILUA and be bound to its terms and conditions; by doing this, the explorer enters into a contract with the State, Arabunna Native Title Claim Group and its Association

Transferring to another party

Arabunna Deed of Assumption (PDF 59KB)
Used to assign a party's rights and interest under both the exploration tenement and the ILUA to another party