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Updated Middleback ILUA

The Middleback Indigenous Land Use Agreement (previous Middleback ILUA) was executed on 4 June 2013 and was registered on 22 November 2013. The previous Middleback ILUA was originally entered into between OneSteel Manufacturing Pty Ltd (OneSteel) and Mr Elliot McNamara, Mr Howard Richards and Mr Barry Croft on behalf of the Barngarla Native Title Claim Group (the Applicants). Barngarla Determination Aboriginal Corporation RNTBC (ICN 8603) (BDAC) was nominated to the Federal Court of Australia on 19 December 2016 as the Prescribed Body Corporate under the Native Title Act 1993 (Cth) and on 24 April 2018, BDAC became the Registered Native Title Body Corporate for the Barngarla People. As successor to the Applicants, BDAC is a party to the previous Middleback ILUA as well as being the agent for the Barngarla People.

The parties have undertaken a review of the previous Middleback ILUA to resolve certain matters between them. Following that review the parties have negotiated an indigenous land use agreement which they intend to replace the previous Middleback ILUA (updated Middleback ILUA). This meeting is being held to allow for that to occur. The updated Middleback ILUA is the ILUA which will be considered and, if approved, consented to by this meeting. If the updated Middleback ILUA is consented to by the meeting and is subsequently registered the previous Middleback ILUA will terminate and the parties will seek to have it removed from the register.

What is the updated Middleback ILUA for?

The updated Middleback ILUA would continue to apply to OneSteel’s mining operations in the Middleback Ranges (see ILUA Area map). There are no changes to the things that are consented to or the effects on native title compared to the previous Middleback ILUA. Importantly the ‘non-extinguishment principle’ continues to apply to all acts consented to under the updated Middleback ILUA.

The updated Middleback ILUA includes an updated benefits schedule which will ensure that Barngarla continue to receive benefits for the life of OneSteel’s mining operations. It also includes an updated heritage protection protocol and clearer drafting and definitions.

Who should attend this meeting?

The common law holders for the ILUA Area are the Barngarla native title holders (Barngarla People). The Barngarla People as determined by the Federal Court of Australia are those persons:

  • who are related by means of the principle of descent to the following Barngarla apical ancestors:
    • the siblings Percy Richards and Susie Richards;
    • Maudie Blade who is the mother of Phyllis Croft;
    • George Glennie and Mary Glennie;
    • the siblings Bob Eyles and Harry Croft;
    • Jack Stuart;
    • Arthur Davis (also known as King Arthur) and his sons, Andrew Davis, Jack Davis, Stanley Davis and Percy Davis; and
  • who have a connection with the Determination Area in accordance with the traditional laws and customs of the Barngarla People; and
  • who identify as a Barngarla person and who are accepted by the Barngarla People as a Barngarla person.

BDAC is the Registered Native Title Body Corporate for the ILUA Area. Accordingly, pursuant to section 24BD of the NT

Act, it must be a party to the ILUA. BDAC is required to consult with the Barngarla People under the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) (PBC Regulations) before making a Native Title Decision. Any member of the Barngarla People as defined by the Federal Court, is eligible to be a member of BDAC. Under the BDAC Rule Book, only Barngarla People can be members of BDAC. Accordingly, any member of BDAC may attend this meeting.

If you have any doubts about whether you should attend this meeting you can contact BDAC on the details below.

Details of Meeting:

Date: Sunday 2 June 2024

Time: 9:30am registration (for 10:00am start)

Location: The Palms Function Centre

100 McDouall Stuart Avenue

Whyalla Stuart SA 5608

Please email or call to register your attendance at the meeting, work out alternative arrangements, or to obtain a copy of any of the documentation associated with the ILUA (including the Notice of Meeting, a copy of the ILUA or a summary):

Ph: 0475 254...

Adelaide 5000

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