Rio Tinto and Indigenous Community Agreement Making in Australia

Abstract

The common law and statutory recognition of Aboriginal land rights and native title in Australia have had a profound impact on the minerals industry. In particular, the High Court's recognition of native title in Mabo v Queensland (No 2)1 has changed the social landscape for mining company/indigenous agreement making in Australia. At the same time Rio Tinto has undertaken a programme of internal cultural change focused on improving community engagement, exemplified in its direct agreement-making with indigenous communities. The Argyle Participation Agreement, signed in September 2004 between Argyle Diamond Mine, local Aboriginal people and the Kimberley Land Council, and registered as an Indigenous Land Use Agreement in March 2005, illustrates this change. The agreement, herein described, is the most progressive, mining company/Aboriginal community agreement negotiated to date in Australia and represents a business-oriented and community-empowered approach that complements statutory consent for mining development.