Cockatoo Island Mining and Dambimangari Sign Co-Existence Land Use Agreement

Cockatoo Island is a remote island located in the Buccaneer Archipelago in the Kimberley of Western Australia, approximately 140 kilometres north of Derby. The Island has been used for iron ore mining since 1951, but the mine had been "moth-balled" and in receivership, in recent years.

In October 2020, Cockatoo Island Mining Pty Ltd (CIM) acquired the mine from the Receivers of the company which had previously owned and operated it. The traditional owners and native title holders of the area which includes Cockatoo Island, are the Dambimangari people.

Before it concluded negotiations to acquire the mine, CIM commenced discussions with the Dambimangari Aboriginal Corporation (DAC), the organisation which represents the Dambimangari people, with a view to completion of an Indigenous Land Use Agreement. Such an Agreement would ensure that the rights and interests of the Dambimangari people were respected, in CIM's plans to re-establish mining operations.

After several months of cooperative discussions, Pragma Lawyers is pleased to announce that an Indigenous Land Use Agreement has now been finalised between CIM and the DAC. The Cockatoo Island Co-Existence Indigenous Land Use Agreement was registered on the Register of Indigenous Land Use Agreements on 24 January 2023.

The Agreement provides for a range of benefits to the traditional owners including not only monetary benefits, but also provisions which, for example, establish principles for the employment of indigenous people in the mine operations, respect of traditional culture, and protection of the environment.

Managing Director of CIM, Mr Fanpeng MENG said:

"Conclusion of the ILUA is a major milestone in CIM's plans to re-establish mining operations at Cockatoo Island, and I am encouraged by the cooperative approach of the traditional owners to assist us to achieve our plans. CIM is committed to creating a world-class mining operation that is focused on operational excellence, safety, environmental protection, and respectful collaboration with all stakeholders, generating positive value and returns, well into the future."

Pragma Lawyers is pleased to have assisted CIM in achieving this negotiated outcome over a four year period. The Pragma team was led by our Managing Director Aaron McDonald and Senior Associate Elizabeth Keen.