New agreements for PKKP and Fortescue

Puutu Kunti Kurrama and Pinikura (PKKP) people have approved new agreements with iron ore miner and green energy and technology company, Fortescue, which will give the Traditional Owners a much greater say over how mining happens on Country while creating new opportunities for economic participation and business development.

The PKKP community voted in favour of the changes at a native title authorisation meeting held in Karratha.

Sandra Hayes, a Puutu Kunti Kurrama Elder and Chairperson of the PKKP Aboriginal Corporation said “We have updated our original Land Access Agreement that we signed with Fortescue in 2010, and we’ve replaced it with a new Native Title Agreement and Co-Management Agreement.

“The Co-Management Agreement we’ve signed with Fortescue builds on the agreement we made with Rio Tinto last year and has a number of protections for our Country and our heritage,” Ms Hayes said.

“The negotiation with Fortescue took three years to make sure the agreements reflected a shared understanding, so we know what they need, and they know what we can and cannot accept,” Ms Hayes said.

In addition to the extensive protections to Country, the new Native Title Agreement between Fortescue and the PKKP Aboriginal Corporation includes an agreement about tenure related to Fortescue’s decarbonisation activities and a modernised mining benefits framework.

This includes an innovative mining fleet hire arrangement that will enable PKKP to expand its business activities and participate more directly in the economic opportunities created by Fortescue’s operations.

Under the arrangement, PKKP will own new mining equipment, including haul trucks and electric excavators, which will be leased to Fortescue to support the company’s operations in the Pilbara, creating a new long-term revenue stream and supporting the growth of PKKP’s commercial activities.

Dr Andrew Forrest AO, Fortescue Chairman and Founder, said: “For more than two decades, we have worked alongside Traditional Custodians across the Pilbara to create opportunities through jobs, skills, local businesses and long-term economic participation.

“I want to acknowledge the leadership of PKKP and the spirit in which these negotiations have been conducted. We have taken the time to listen to one another, understand what matters and build an agreement that will endure.

“As Fortescue continues to grow and pursue our Real Zero decarbonisation ambitions, we want to do it together as partners, working together to protect heritage, create opportunity and support the next chapter of development in the Pilbara.

“I believe agreements like this show what is possible when people come together with trust, respect and a determination to leave something better for the generations that follow.

“These agreements are about more than mining. They strengthen our partnership with PKKP and reflect a shared commitment to protecting their Country while creating opportunities for generations to come.

“We have never seen native title agreements as simply a transaction. The custodians of that Country should have a genuine voice in what happens there and share in the opportunities it creates.

“This agreement creates the new opportunities for PKKP to build business capability. They can participate directly in the success of our operations as they strengthen their people. That is the kind of long-term economic participation that helps communities build their own future.”

Terry Drage, a Pinikura Traditional Owner and Chairperson of PKKP Enterprises, said: “We have always said we are not opposed to mining, but it has to be done in the right way with Traditional Owner decision-making front and centre.

“These agreements are going to create a lasting legacy for our people, and we are really proud that we have signed this with Fortescue so that we don’t have to rely on the government or courts to protect our important places,” Mr Drage said.

“One of the key parts of the Co-Management Agreement is that Fortescue and PKKP need to share information much earlier about mining activities and heritage so we have the best chance of protecting important places, and so Fortescue can carry on with certainty.

“This is a landmark agreement that strengthens protections for our Country and heritage while creating long-term economic opportunities for our people. Through initiatives like the mining fleet arrangement, we are securing a stronger future for the next generations and taking an active, decision-making role in how mining is carried out on our country. Not as a silent partner, but as a true partner,” Mr Drage said.

Additional Information
Fortescue Co-Management Agreement

The agreement sets out commitments for each party to work together throughout all stages of mining, from before exploration through to construction and operation, then closure.

Key elements include:

• Establishes an engagement framework including co-management committees for specific mines / developments.
• Early and open communication about heritage and the mine plan.
• A clear process for decision-making where Fortescue requires a key approval, like a section 18 consent to disturb heritage, or a major environmental approval.
• Active measures to ensure important sites will not be impacted by mining through buffers, blast management, and fencing.