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Kurundi / CLC Mineral Claims Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 November 2003
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South east of Tennant Creek, Northern Territory, Australia
The ILUA covers Northern Territory Portion 716, the Kurundi Perpetual Pastoral Lease (PPL 1109), which is approximately 3862 sq kms and is located 75 kms south east of Tennant Creek in central Northern Territory. The ILUA is not incorporated within a local government area. It lies within the Yapakurlangu ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: DI2003/007
Payments:
  • Compensation - Paid per grant or renewal of a Mineral Claim under the ILUA in the area of the agreement. ($500)
  • Subject Matter:Compensation | Cultural Heritage | Land Use | Mining and Minerals | Native Title | Recognition of Traditional Rights and Interests
    Summary Information:
    The Kurundi / Central Land Council Mineral Claims Indigenous Land Use Agreement allows Mineral Claims (MCs) to be granted by the Northern Territory within the ILUA area. The non-extinguishment principle of section 238 of the Native Title Act 1993 (Cth) applies to these grants. This means that the activities conducted under the MCs do not extinguish any existing native title rights and interests in the area.

    MCs are a type of tenement under the Mining Act 1980 (NT). Under this ILUA MCs can be granted and renewed for up to a period of 5 years each, subject to the grantee making a compensation payment of $500.00 to the registered native title claimants of the area (who are a party to this ILUA). These compensation payments will be held in trust by the Central Land Council (CLC). A further set of conditions (specified in Annexure B of the ILUA) are imposed on the grant of the MCs.

    The ILUA area is divided into three zones: Zone 1A, Zone 1B and Zone 2. MCs may only be granted in Zone 2 land once a cultural survey of the area of the MC has been done. The CLC agrees that it will undertake a cultural heritage survey and advise the parties and the grantee of the outcomes of the survey within 4 months of it being requested in writing. The grantee or the Northern Territory may request the survey. If the survey is not or cannot be done by the CLC, the ILUA specifies that the Northern Territory will search the Aboriginal Areas Protection Authority (AAPA) records for a registered or recorded site and will 'take those sites into account prior to the determination of the Mineral Claim'. Such MCs are granted subject to the grantee having the AAPA conduct a cultural survey 'prior to the commencement of any exploration or mining activity that requires an Authorisation'. An 'Authorisation' is another type of tenement under the Mining Act 1980 (NT) which is required for certain types of activities to be undertaken, in addition to those allowed under an MC.

    The ILUA also specifies that MCs within Zone 1B land may be granted under the same conditions as the rest of the agreement, in addition to obtaining written agreement from the CLC and the registered native title claimants.

    Related Entries

    Agreement
  • Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766 (14 July 2011)
  • Organisation
  • National Native Title Tribunal
  • Central Land Council - Signatory
  • Northern Territory of Australia - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Mining Act 1980 (NT)
  • People
  • Pilot Carr Jungarrayi and Christine Wickham Nappangarti - Signatory

  • References

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

    Documents

    Map
    Kurundi / CLC Mineral Claims Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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

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