Grant of mining and petroleum tenure

From 8 June 2015, the Department of Mines, Industry Regulation and Safety is bound to apply the heritage condition prescribed at Clause 18 of Schedule 10 of each South West Native Title Settlement Indigenous Land Use Agreement area.

From 8 June 2015, the Department of Mines, Industry Regulation and Safety (DMIRS) is bound to apply the heritage condition prescribed at Clause 18 of Schedule 10 of each South West Native Title Settlement Indigenous Land Use Agreement (ILUA) area, upon grant of mining or petroleum tenure. The condition requires that tenure holders must enter into an Aboriginal Heritage Agreement or a NSHA with the relevant Native Title Agreement Group before any rights can be exercised. The registered title holder must provide a Proponent Statutory Declaration (as per Annexure U to the ILUAs) as evidence of compliance of that condition.

The condition provides that if the tenure holder and the relevant Native Title Agreement Group (currently represented by the South West Aboriginal Land and Sea Council) fail to reach agreement on an alternative Aboriginal Heritage Agreement within 20 business days of the commencement of negotiations, the tenure holder must execute and enter into a NSHA subject only to any necessary modifications in terminology required for the tenure (ie Entering a NSHA form).

Access the TENGRAPH spatial enquiry system to see the position of WA mining tenements and petroleum titles in relation to other land information. DMIRS Tengraph system has been updated to show each of the six ILUA areas.

Further information is available at DMIRS website.

Page last reviewed 8 January 2020
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