❓ Hon Robin Chapple questions the Government's compliance with the Burrup and Maitland Industrial Estates Agreement (BMIEA), specifically regarding land transfer and associated agreements with native title claimants. The Government admits non-compliance due to legal impediments and outlines planned legislative amendments to resolve the issues.
AnsweredQoN 1395Legislative Council
QuestionView source ↗
With reference to the Burrup and Maitland Industrial Estates Agreement (BMIEA) Implementation Deed executed by the State, LandCorp, and the Ngarluma Yindjibarndi, Yaburara Mardudhunera and Wong-goo-tt-oo registered native title claimants in 2002, I ask -
(1) Has the Government complied with clause 4.2 of the BMIEA requiring the development of:
(a) a Management Agreement (as per Schedule 11);
(b) a Lease (as per Schedule 10); and
(c) a Deed of Covenant (refer Schedule 12)?
(2) Has the Government transferred the land to the Murujuga Aboriginal Corporation as required under clause 4.4. of the BMIEA.
(3) If no to (1)(a) why not, and when will a Management Agreement be concluded?
(4) If no to (1)(b) why not, and when will a Lease be finalised?
(5) If no to (1)(c) why not, and when will a Deed of Covenant be finalised?
(6) If no to (1)(a)(b) or (c) because of technical or legal impediments, what steps is the Government or the Murujuga Aboriginal Corporation taking to resolve these impediments?
(7) If no to (2), why not, and when will it be transferred?
(8) If no action is being taken in respect of (5), why not?
(9) If action is being taken in respect of (5), when will such actions be concluded?
(1) Has the Government complied with clause 4.2 of the BMIEA requiring the development of:
(a) a Management Agreement (as per Schedule 11);
(b) a Lease (as per Schedule 10); and
(c) a Deed of Covenant (refer Schedule 12)?
(2) Has the Government transferred the land to the Murujuga Aboriginal Corporation as required under clause 4.4. of the BMIEA.
(3) If no to (1)(a) why not, and when will a Management Agreement be concluded?
(4) If no to (1)(b) why not, and when will a Lease be finalised?
(5) If no to (1)(c) why not, and when will a Deed of Covenant be finalised?
(6) If no to (1)(a)(b) or (c) because of technical or legal impediments, what steps is the Government or the Murujuga Aboriginal Corporation taking to resolve these impediments?
(7) If no to (2), why not, and when will it be transferred?
(8) If no action is being taken in respect of (5), why not?
(9) If action is being taken in respect of (5), when will such actions be concluded?
AnswerView source ↗
Answered
1 March 2010
Responded by
Minister for Environment
Response time
111 days
(1) and (2) No. The transfer of the BurrupNon-IndustrialLandhas not occurred due to legal impediments in the Conservation and Land Management Act 1984. Such a transfer is required by the Burrup and Maitland Industrial Estates Agreement Implementation Deed (BMIEA) to occur prior to 36 months from the Determination Date, which is 24 September 2010. The management agreement, lease and deed of covenant must be executed prior to the land transfer.
(3) , (4) and (5) See the answer to (6).
(6) It is intended that amendments to the Conservation and Land Management Act 1984 will be introduced to the autumn session of Parliament. The draft management agreement (as per Schedule 11 of the BMIEA), lease (as per Schedule 10 of the BMIEA) and deed of covenant (as per Schedule 12 of the BMIEA) will be finalised upon proclamation of the amendments.
(7)The land will be transferred as soon as practicable following proclamation of the necessary amendments to the Conservation and Land Management Act 1984.
(8) Not applicable.
(9) See the answer to (6).
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(3) , (4) and (5) See the answer to (6).
(6) It is intended that amendments to the Conservation and Land Management Act 1984 will be introduced to the autumn session of Parliament. The draft management agreement (as per Schedule 11 of the BMIEA), lease (as per Schedule 10 of the BMIEA) and deed of covenant (as per Schedule 12 of the BMIEA) will be finalised upon proclamation of the amendments.
(7)The land will be transferred as soon as practicable following proclamation of the necessary amendments to the Conservation and Land Management Act 1984.
(8) Not applicable.
(9) See the answer to (6).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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