Summary of contract

• Negotiation, representation, and other relevant context

  The parties to this agreement are the Minister for Lands on behalf of the State of Western Australia (government) and the Kimberley Land Council Aboriginal Corporation on behalf of the Goolarabooloo Jabirr Jabirr Peoples. The Goolarabooloo Jabirr Jabirr Peoples are the registered native title claimants and the native title party to the agreement. The government intends to establish a liquefied natural gas (LNG) precinct within the area subject of the native title claim. Under this agreement, the government commits to limiting the use of the LNG precinct, limiting further LNG development, remediating and rehabilitating the land within the LNG precinct and, at the end of the precinct life, granting title of the land within the precinct to the Goolarabooloo Jabirr Jabirr Peoples. (Refer to Recitals A-E). The Kimberley Land Council has been lawfully instructed by the Goolarabooloo Jabirr Jabirr Peoples to enter into this agreement (Art. 17). Notices under this agreement must be in writing and in English (Art. 14).

• Governance, implementation, dispute resolution

  The government must introduce a bill to ratify the agreement into the State Parliament of Western Australia as soon as reasonably practicable and in any event prior to 30 June 2012 or such later date as agreed by the parties. The government is obliged to endeavor to procure the timely passage of the bill as an act. The agreement does not come into operation until the state parliament passes the legislation to ratify the agreement and if such legislation has not been passed by 30 June 2014 (or a later date as agreed) the agreement will cease (Art.clause 2). If a dispute arises between the Goolarabooloo Jabirr Jabirr Peoples and the governmentparties, the dispute is to be resolved by arbitration under the Commercial Arbitration Act except where the dispute relates to: (i) an inability of the parties to agree on the terms of a lease of the port to the government or other lessee (if the port is to continue operation post closure of the LNG precinct); or (ii) whether remediation and rehabilitation works have been completed as required. In these two cases, the dispute is to be referred to representatives of each party and, if the dispute cannot be resolved by the partiesrepresentatives within 28 days, it will be submitted to the Australian Commercial Disputes Centre and will is be determined by an expert. The determination of the expert will be final and binding on the parties (Art.clause 16). Any variations to the agreement must be tabled in the State Parliament of Western Australia within 12 sitting days from the execution of any amendment. Either house of parliament may, within 12 sitting days after the agreement has been laid before it, pass a resolution disallowing the agreement, but if it has not been disallowed within this period, it shall have effect after the last day of the 12 days (Art.clause 10).

• Fiscal obligations: content

  If the port is to continue operation post closure of the LNG precinct, the Goolarabooloo Jabirr Jabirr Peoples and the government will negotiate a lease of the port, which must include rental on commercial terms (Art.clause 5.2(d)(iv)). Following closure of the LNG precinct and subject to registration under the Land Administration Act 1997 of (West Australia), the government will grant the Goolarabooloo Jabirr Jabirr Peoples rights and interest in certain of the land required for the LNG precinct. The land will be held on trust for the benefit of the Goolarabooloo Jabirr Jabirr Peoples. Where this occurs, the government will pay for costs to create and transfer the title of the relevant land including survey costs and registration fees. The government will not pay for any other costs for activities, which may be required to create title including services to the land, road upgrades, services connection and headworks charge or holding costs such as rates and taxes (Art.clause 7.5). The government will pay all duties: on the agreement, any instrument or document to which the State is a party which is required by the agreement, and any instrument or document required by any relevant law in connection with any transaction to which the State is a party and which is required by the agreement (Art. 13).

• Environmental and social protection

  The government is obliged to carry out remediation and rehabilitation works to remediate and rehabilitate the LNG precinct to a condition consistent with applicabletion legislation, policy and standards in place at the time such works are carried out, having regard to: the condition of the LNG precinct established prior to the commencement of the agreement as determined in the baseline report,; and the use of the LNG precinct prior to the commencement of the remediation and rehabilitation works. Once the government considers that the remediation and rehabilitation works are complete, a qualified expert must report on whether the works have been achieved as required by the agreement. The government must consider and take action to address the Goolarabooloo Jabirr Jabirr Peoples’ comments to the report (Art.clause 6.4). The government agrees not to operate, authorize or grant any permission for a gas processing facility located on the Kimberley Coastline but outside the LNG Precinct (Art. 8).