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Ausquest Limited/CLC Indigenous Land Use Agreement (ILUA)

Category: Agreement
Binomial Name: AM
Date: 15 November 2001
Date To: This agreement has now expired.
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:West and north of Lajamanu, Northern Territory, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) consisted of two parcels of land including the area of Exploration Licence applications 22642, 22643, 22644 and 22812, which lay within the Kirkimbie, Riveren, Bunda, Wallamunga, Birrindudu and Wave Hill Perpetual Pastoral Leases. The ILUA area comprised 5759.47 square kilometres, and was located along the Buchanan Highway in the north west of the Northern Territory. It did not fall within any incorporated local government area, but did lie within the Garrak-Jarru ATSIC region.
Legal Status: Removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 26 November 2010.
Legal Reference: National Native Title Tribunal File No: DI2001/002
Payments:
  • Compensation - This ILUA includes compensation for future acts done under the agreement, being the grant of all Exploration Licences. The full terms and conditions of the ILUA, including the details of compensation, are not specified in the extract from the Register of Indigneous Land Use Agreements.
  • Subject Matter:Cultural Heritage | Environmental Heritage | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Recognition of Native Title or Traditional Ownership
    Summary Information:
    This Indigenous Land Use Agreement (ILUA) was agreed between Ausquest Limited and the Central Land Council. The purpose of this ILUA was to allow mineral exploration by Ausquest, in line with the Exploration Licences it had been granted over two areas located west and north of Lajamanu.
    Detailed Information:
    Contents of this ILUA

    This ILUA enabled four Exploration Licence (EL) applications to be granted, also validating any future exploration activity in the area. Without this ILUA, the grant of the ELs may have been invalid, or it may have attracted the right to negotiate and the future act provisions of the Native Title Act 1993 (Cth).

    The native title holders were represented by the Central Land Council in this ILUA. Their consent to the exploration was given subject to certain conditions. Accordingly, the ILUA included several conditional provisions regarding:

  • 'procedures to minimise the environmental impact of exploration and to promote the rehabilitation of any part of the Area which has been subjected to exploration;'

  • 'the protection of any native title rights and interests, including the protection of sacred sites;' and

  • compensation.


  • Removal from the Register

    This ILUA has now been removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements. It was removed under s 199C(1)(c)(i) of the Native Title Act 1993, which allows the removal of an ILUA from the Register if a party advises the Registrar in writing that the agreement has expired, and the Registrar believes, on reasonable grounds, that it has expired.

    Related Entries

    Organisation
  • National Native Title Tribunal
  • AusQuest Limited - Signatory
  • Central Land Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Ausquest Limited / CLC 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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