Yandruwandha – SACOME – 2007 – Indigenous Land Use Agreement

Basic information

Country

Australia

Community party

The Yandruwandha Wawarrawarrka Traditional Land Owners

Company signatory

South Australian Chamber of Mines and Energy Inc (SACOME)

Resource(s)

Hydrocarbons

Project phase covered

Industry

Hydrocarbons

National government: signatory?

No

Local government: signatory?

Yes

Was the agreement required by law?

Yes

Term

Agreement ends after fulfillment of the conditions in Art. 3

Date of contract signature

16/02/2007

Language

English

Location

Yandruwandha Native Title Claim Area

Source: URL

Reports

OpenCorporates ID

Listings in other databases

Listing of the parent contract at ResourceContracts.org or OpenLandContracts.org

Summary of contract

  • Negotiation, representation, and other relevant context

    The parties to the petroleum conjunctive Indigenous Land Use Agreement are the Attorney-General for Australia; the Minister for Mineral Resources Development; the registered native title claimants for and on behalf of the Yandruwandha Yawarrawarrka native title claim group; the Yandruwandha Yawarrawarrka Traditional Land Owners (Aboriginal Corporation); the Aboriginal Legal Rights Movement Inc; and the South Australian Chamber of Mines and Energy Inc (the parties). The Aboriginal Legal Rights Movement Inc is the representative Aboriginal body for the relevant area of the native title (Recital D). The parties negotiated the Indigenous Land Use Agreement to promote the exercise of rights under the agreement in a way that advances economic development through exploration and production of petroleum being carried out in a sustainable manner for the benefit of current and future generations (Recital H). The parties consent to the grant of petroleum exploration licenses, and subsequent or additional licenses under the Petroleum Act and the carrying out of activities under the licenses (Recital I). The registered native title claimants on behalf of the Yandruwandha Yawarrawarrka native title claim group agree to the grant of any authorized license in respect of the claimed land and the exercise of the rights and obligations under the license subject to any conditions imposed by the Petroleum Act, any other applicable law, and the Indigenous Land Use Agreement (Art. 10). Schedule 1 of the Indigenous Land Use Agreement contains the acceptance contract conditions (Art. 1; Schedule 1).

  • Governance, implementation, dispute resolution

    The holder of a license will be bound by the terms of the Indigenous Land Use Agreement after (i) signing the acceptance deed under the acceptance contract conditions (Schedule 1, Annexure B), and (ii) providing a copy of the signed deed to the Attorney-General and the native title claimants (Art. 13). If a dispute arises, no party may commence court proceedings unless it has first complied with the dispute process. A party claiming that a dispute has arisen must give notice to the other parties, and the other parties must respond within 14 days. Each party must designate a senior representative who has authority to settle the dispute. The senior representatives must endeavor to settle the dispute within 10 days after the response. If the dispute is not resolved within 1 month from the original notice of dispute, the parties must mediate the dispute. If the parties do not agree on a mediator within 14 days, the mediator shall be appointed by the President of the Law Society of South Australia. If, within one month after the mediator’s appointment the dispute is not resolved, the parties may terminate the mediation process and seek such remedies as they decide (Schedule 1, Art. 29). If any party requests the other parties for a review of the agreement, the parties must meet as soon as possible (but no later than 20 business days after notice), and negotiate in good faith the proposed amendments (Art. 4.1, and 4.2). The native title claim group may seek a review of the production payment if they become aware of a production payment rate being agreed with another native title claim group above the rate agreed under the agreement (Art. 4.3). The dispute resolution process is provided for under the acceptance contract conditions (Schedule 1, Art.29). The company holder of a license may transfer its rights or obligations under the agreement provided the Minister approves the transfer. The proposed transferee must execute in favor of the native title claim group and the Aboriginal Corporation, a deed of assumption undertaking to comply with all of the obligations (Art. 17; Schedule 1, Art. 27). The parties authorize the Attorney-General to apply to the Native Title Registrar for the Indigenous Land Use Agreement to be registered (Art. 7).

  • Fiscal obligations: content

    The company holder of a license (company) must pay to the Aboriginal Corporation Association: (i) $60,000 per petroleum exploration license; (ii) $500 for each additional license if the company has not already entered into an executed acceptance contract in relation to the exploration or production license; (iii) an annual administration fee of maximum $125,000 per license; (iv) a production payment equivalent to 1% of the value at well head of regulated substances produced and sold plus GST, which must be paid to a trust maintained by the State for the benefit of the native title parties; (v) all reasonable costs, fees and disbursements incurred by the Aboriginal Corporation Association in carrying out inspection and clearance works (Schedule 1, Arts. 7, 15 and 18; Annexure C, Art. 1). The fees will increase annually in accordance with the CPI rate. The payment of fees will be rateable where the license area is not entirely within the claimed land (Schedule 1, Art. 7). Royalties will be paid following the guidelines contained in Schedule 1, Annexure D to the Indigenous Land Use Agreement.

  • Community development obligations: Local content

    The company holder of a license agrees to consider from time to time opportunities for employment of members of the Yandruwandha Yawarrawarrka native title claim group (Schedule 1, Art. 31).

  • Environmental and social protection

    The company holder of a license (company) will be required to comply with the environment protection procedures under any applicable law relevant to its activities in connection with the license (Art. 14). The company shall provide the Aboriginal Corporation Association, in advance of a petroleum operation being conducted, a written request for a clearance accompanied by the proposed work program (Schedule 1, Art. 13). The clearance will be undertaken by a scouting team of up to 2 specialists engaged by the Aboriginal Association with the concurrence of the company, and up to 8 men and women selected by the native title claim group and the Aboriginal Association in accordance with Aboriginal culture and tradition (Schedule 1, Art. 15). The scouting team has to determine whether any activities described in the company’s work program are likely to interfere with areas of Aboriginal significance. The Aboriginal Association must submit to the company a budget containing an estimate of all the costs of the requested clearance (Schedule 1, Art. 18; Annexure G). The parties shall conduct the clearance activities following the procedure established in Annexure E to the acceptance contract conditions (Schedule 1, Art. 14; Annexures E, and F). The Attorney-General must ensure that a group personal accident insurance policy is maintained during the term of the agreement to cover Aboriginal persons who are members of any scouting team (Art. 11). The company must: (i) use reasonable endeavors to educate all of its employees, contractors, and sub-contractors involved in the relevant petroleum operations to ensure they have an awareness and understanding of the native title and the obligations under relevant legislation relating to native title and aboriginal heritage protection; (ii) engage an archaeologist for education functions, including instruction on how to identify human skeletal remains and archaeological sites, and the appointment of the archaeologist will occur by a mutual decision between the company and the Aboriginal Association; (iii) promote among non-Aboriginal people employed in petroleum operations knowledge and respect for the native title group’s traditions, history and culture (Schedule 1, Art. 20).

  • Transparency or confidentiality

    The parties agree to keep confidential all communications, oral or in writing, relating to the negotiation of the agreement, excluding the Indigenous Land Use Agreement (Art. 16). The relevant license grantee company agrees to keep confidential any cultural information, including information held in an Aboriginal Record, disclosure of which is by tradition restricted or forbidden. The native title claim group and the Aboriginal Association agree to keep confidential all aspects of the company’s activities on any license (Schedule 1, Art. 28).