Recognizing Indigenous Water Cultures and Rights in Mine Water Management: The Role of Negotiated Agreements

Abstract

A social licence to operate is increasingly important in the resources industry, particularly with respect to mining activities that might jeopardize water sources on indigenous lands. Negotiated agreements have gained popularity because legal frameworks offer limited options and/or operational guidance for sustaining ongoing relationships between corporations and local people. We review international examples of negotiated agreements and examine a case study of mine water management in the Pilbara, northern Western Australia. We discuss the potential significance of water to all parties and highlight additional corporate processes that may facilitate these parties to reach and enact agreements that encompass water issues, thereby securing an ongoing licence to operate.