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Tumut Brungle Indigenous Land Use Agreement (ILUA)
|Date:||21 June 1999|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Around Tumut, west of the Australian Capital Terri, New South Wales, Australia|
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|The ILUA covers an area of approximately 8500 square kilometres. The area spans from Coolac on the Hume Highway east to Lake Burrinjuck; south along the Brindabella and Fiery Ranges to near Yarrangobilly Caves; south west to the Murray River near Tintaldra; along the Murray River to Jingellic; and then north towards Gundagai, and then Coolac. The ILUA lies within the ATSIC regions of Binaal Billa and Queanbeyan, and the Shire Councils of Gundagai, Tumarumba, Tumut, Wagga Wagga, Yarrowlumla, Yass and Holbrook.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No: NIA1998/00|
|Subject Matter:||Compensation | Cultural Heritage | Employment and Training | Land Use | Mining and Minerals | Native Title | Recognition of Traditional Rights and Interests|
|The Tumut Brungle Indigenous Land Use Agreement (the ILUA) between Adelong Consolidated Gold Mines NL (ACG), the New South Wales Aboriginal Land Council and representatives of the Walgalu and Wiradjuri people, allows ACG to conduct mining operations for a minimum of 20 years over an area of land in the south east of New South Wales. |
The Agreement contains the consent of the Walgalu and Wiradjuri people to the grant of mining tenements and estates (land) other than fee simple (freehold title) for the purposes of the mining operations. The mining operations include:
(b) the mining of all minerals in any ore body;
(c) related activities including the development, testing, recovery, processing and transport of such minerals; and
(d) the rehabilitation of those areas disturbed by the operations referred to above'.
The parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished. However there are also provisions to allow for the granting of an estate in fee simple where, either this does not extinguish native title rights, or the consent to extinguish native title rights is obtained.
In return for their consent to the mining operations, the local Aboriginal groups receive shares in the company. The ILUA also contains provisions regarding employment opportunities, cultural heritage protection and environmental monitoring. This was the first agreement to be placed on the National Native Title Tribunal Register of Indigenous Land Use Agreements.
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