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Bar-Barrum Fossicking Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 April 2002
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Between Almaden and Atherton, Queensland, Australia
The areas covered by the Agreement are located approximately 95 km south west of Cairns in the vicinity of Herberton and in total cover an area of about 316.4 sq km. The area covered by the Agreement covers an area over which native title has been determined to exist on 28 June 2001 by the Federal Court of Australia Bar- Barrum People's native title determination application, QG6222 of 1998. The Agreement does not cover areas within the external boundaries where native title has been extinguished, namely, areas subject to the miner's homestead leases named in schedule 2 of the Federal Court Determination dated 28 June 2001, public works areas, opened roads, dedicated roads, roads legally constructed for public use and the Cairns to Forsayth railway line (Mungana Branch line). The Agreement falls within the Shire of Mareeba.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2001/039
Subject Matter:Cultural Heritage | Exploration | Future Act | Land Use | Native Title
Summary Information:
The Bar-Barrum Fossicking ILUA enables fossicking licences to be granted over land within the Bar-Barrum People's native title claim determination in north east Queensland.

The Bar-Barrum consent to the State granting Fossicking Licences under the Fossicking Act 1994 (Qld) without requiring the grantees to undertake the right to negotiate process under the Native Title Act 1993 (Cth) which would otherwise apply. Under the terms of the ILUA, grantees may conduct fossicking activities within the area identified (referred to as the 'Permission Area'), subject to several conditions. Before entering the area, grantees must notify the Mining Registrar of when fossicking is to be conducted and how many people will be accompanying the grantee, as well as pay an amount of money specified in the agreement on behalf of the registered native title body corporate, the Bar-Barrum Aboriginal Corporation. Grantees must use the access road and must not enter any of the Fossicking Exclusion Zones - these are areas 'where a Significant Object or Significant Site has been identified during an inspection' and has been notified to the Mining Registrar.

Related Entries

Agreement
  • Congoo v State of Queensland [2001] FCA 868 (28 June 2001) - Requirement
  • Bar-Barrum and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Herberton Shire Council Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Mareeba Shire Council Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Telstra Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum Permit to Occupy Indigenous Land Use Agreement (ILUA)
  • Joint Bar-Barrum Jirrbal Herberton Project Indigneous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Mareeba Shire Council
  • State of Queensland - Signatory
  • Bar-Barrum Aboriginal Corporation - Signatory
  • Executive Director Minerals & Petroleum Division, Department of Natural Resources & Mines (QLD) - Signatory
  • Queensland Lapidary and Allied Craft Club Association Inc. - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Fossicking Act 1994 (Qld)
  • People
  • Bar-Barrum People

  • References

    Report
    National Native Title Tribunal (2001) The Bar-Barrum People's Native Title Determination: Questions and Answers
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Bar-Barrum Fossicking Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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