The system’s first Indigenous Land Use Agreement (ILUA) has been welcomed as a triumph of cooperation and goodwill by SACOME acting chief executive Stephanie Walker.
The ILUA between Stellar Resources and the Antakarinja people, on land near Coober Pedy in the State’s north, would see exploration activity starting within weeks, according to Walker.
“This is the first ILUA signed under the Native Title agreement negotiated over the past three and a half years by SACOME, the Aboriginal Legal Rights Movement (on behalf of indigenous stakeholders) and the SA Government,” she said.
“It is testament to the fact that with goodwill and cooperation driving the negotiations very practical outcomes, with benefits for all, can be achieved.
The Stellar Resources-Antakarinja ILUA is based on a pre-negotiated agreement that streamlines discussions between explorers and Aboriginal groups because the respective rights, obligations and interests of the parties have already been settled.
Agreements have been concluded for the Antakarinja and Arabunna lands in the State’s north and negotiations are continuing with indigenous groups in the Gawler Ranges and Far West Coast to deliver statewide coverage.
According to SACOME the system means:
• Companies are no longer engaged in lengthy negotiations which could take up to 18 months under the previous arrangements;
• One agreement can cover all exploration licences within the claim area, rather than individual agreements for each licence area;
• The payment of an ‘acceptance’ fee to indigenous landowners of up to $10,000 (depending on number of exploration licence areas), a significant saving on the $10-$15,000 cost of negotiating a single access agreement under the Mining Act;
• Significant legal cost savings for all parties;
• Greater certainty for Aboriginal people in the area;
• Protection for Aboriginal heritage; and
• An income stream for the community.
Stellar Resources executive director Chris Anderson said SA’s approach to ILUA’s removed uncertainty surrounding land access and provided explorers with greater flexibility.
“The ILUA means that we can get out on the ground quicker and start our cultural heritage surveys on a timely basis,” Anderson said.
Aboriginal Legal Rights Movement executive officer, native title Parry Agius said the ILUA gave indigenous people confidence in the conditions under which explorers entered their country.
“Aboriginal people will no longer have to be policemen,” Agius said.
“They can get on with their lives knowing that explorers will meet the conditions of the agreement.”
The agreement signed today between Stellar Resources and the Antakarinja is the culmination of three and a half years work by SACOME, the ALRM and the State Government.
The negotiating process starteed at a campsite 16 kilometres north of Coober Pedy in 2002 where miners, Aboriginal people and government officials adopted a ‘role play’ in which each took the other’s position.
Walker and Agius agreed the exercise had generated a much greater understanding of the various views of the participants and the subsequent negotiations had been undertaken with goodwill and respect.
