Editors --- "The Mount Todd Deed of Agreement - Digest" [1996] AUIndigLawRpr 68; (1996) 1(3) Australian Indigenous Law Reporter 448

The Mount Todd Deed of Agreement

The Mount Todd Deed of Agreement, was signed by the Jawoyn Association, the Northern Territory government and Zapopan NL on January 28, 1993.

Under the terms of the Mount Todd Deed of Agreement, the 5097 square kilometres of land surrounding the mine known as Werebun Barnjam land was returned to the Jawoyn Association under enhanced Northern Territory freehold title. In return, the Jawoyn Association agreed to forgo native title rights over the area of the mine, and to withdraw any repeat claims lodged by the Association under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

The Agreement stipulates that the Jawoyn Association will not receive any royalties, rent or other revenue arising from the operation of the mine. The benefits that will accrue to the Jawoyn include the title to land, and economic benefits, such as: training and employment opportunities arising from government funded positions; the construction of up to six fully serviced houses on Jawoyn land; and the employment of Jawoyn People at the mine in a variety of administrative and skilled-labour roles.

In addition to extinguishing any native title claim to the relinquished land, the Agreement indemnifies Zapopan against any costs arising from a future claim to the land by the Jawoyn People. This includes claims under s. 50 of the Aboriginal Land Rights Act or other proprietary estate or interest in land (cl 8.2).

Once freehold title has been granted to the Association, the deed states that the Association cannot create or dispose of any interest in the land, 'without first obtaining from the party in whose favour such estate or interest is created or disposed covenants in favour of Zapopan and the Territory' (cl 6.3). In addition, the Northern Territory government may resume any of the land for the purpose of providing access to roads, power, water and health facilities to the Mount Todd project, in accordance with the Lands Acquisition (Northern Territory) Act 1978 (Cth) (cl 7.1).

Further matters in the nature of additional exploration activity and the identification of sacred sites are to be resolved by consultation between Zapopan and the Jawoyn Association (cl 13.2).

Additional benefits that will accrue to the Jawoyn Association are set out in Schedule 1 of the Agreement. Such benefits include employment opportunities, the provision of a bus service to be operated by the Jawoyn Association and the provision of university and non-university scholarships to suitable people from the Jawoyn community.

Also, the Northern Territory Government will give the Jawoyn Association land in the northern section of Nitmiluk National Park that is owned by the Northern Territory Conservation Land Corporation.