Traditional landowners in the East Kimberley region of Western Australia will have access to jobs and other economic opportunities following a new agreement with the world's largest supplier of diamonds.
Argyle Diamonds, owned by Rio Tinto, has made a legally binding commitment to the Miriwung, Gidja, Wularr and Malgnin people in the form of an indigenous land use agreement (ILUA). The agreement has been registered by the National Native Title Tribunal and makes a strong statement of mutual respect and obligation. Traditional landowners were represented in the negotiations by the Kimberley Land Council.
Tribunal Deputy President Fred Chaney, who facilitated the negotiation of the agreement, said the National Native Title Tribunal joined the traditional owners and Argyle in celebrating the registered ILUA, which was the result of lengthy negotiations.
'The Tribunal agrees with the parties that there is a cause for celebration, in both the way the agreement was negotiated and the agreements following these negotiations. We are very pleased to have helped reach this positive outcome.
'This agreement reflects the complex balance between social, cultural and economic interests and the balance between present and future generations, dealing with issues that have been ongoing between the parties through the 25 year history of the mine.
'In these negotiations, the parties have not relied upon the letter of the law but rather sought to achieve an outcome that meets the long-term aspirations of the parties.' The ILUA means traditional landowners have given their consent for a proposed underground mine at Argyle, which it is hoped will lengthen the life of the diamond operation by another decade, and provide substantial benefits. The ILUA:
- provides a framework for a mutually respectful relationship between the miners, who are operating a significant economic resource, and the traditional owners of the land.
- defines how cultural heritage issues will be dealt with and this is of critical importance to traditional owners as the area has many important cultural sites.
- takes advantage of provisions of the Native Title Act to restore native title rights which had been lost because of mining and pastoral tenures.
- provides for substantial investment in the future through training, employment and financial investments which will benefit future generations.
- encourages business development as an antidote to the dependency of the past.
'The Native Title Act is structured to encourage settlement of both native title claims and issues relating to development on Aboriginal land through agreement so the interests of all parties can be met,' said Mr Chaney.
'This also shows other companies, governments and Indigenous groups how ILUAs can help resolve land issues and ensure lasting relationships into the future.
'The negotiation of the agreement clears the way for an extended life of the mining operation, subject only to the economics of the project,' he said. Mr Chaney praised Argyle Diamond Mine for their Indigenous employment figures: 'It is of national significance that, over the last two years, Argyle Diamond Mine has increased the local workforce at the mine site to 45 per cent, with more than half being Indigenous.'
'This represents a significant increase in the direct benefits of the mine flowing into the East Kimberley,' he said.
Almost 26 per cent of the 800 current Argyle employees are Aboriginal and the new ILUA provides for further opportunities into the future.
The Argyle Participation Agreement is the third ILUA to be registered in WA. Queensland has registered 107, while the Northern Territory has registered 39.
For more information about ILUAs and how they work, go to the Tribunal's website.
 Background information
|