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Central Queensland Gemfields Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 February 2004
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:West of Emerald, Queensland, Australia
The area of the ILUA is approximately 614 sq kms, located about 28 kms west of Emerald in central Queensland. The ILUA area is within the Emerald and Peak Downs Shire Councils.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2001/047
Subject Matter:Cultural Heritage | Land Use | Mining and Minerals | Native Title
Summary Information:
The Central Queensland Gemfields ILUA aims to facilitate the processing of applications for Prospecting Permits, Mining Claims and Mining Leases in the area of the ILUA. Registered native title claimants, the Kangoulu People, and members of the Queensland Sapphire Producers Association agreed to a set of conditions for the granting of these types of mining tenements for the mining of sapphire, zircon, gold or diamond. The conditions provide recognition of native title rights and interests and protect cultural heritage. The ILUA enabled immediate granting of approximately 250 Mining Claims and 50 Mining Leases. Mining Claims may only be granted for an initial term of five (5) years, however the ILUA does allow for the renewal and assignment of the mining tenements. Mining tenements within the ILUA area that are totally covered by a 'Scheduled Interest' are not subject to the conditions of the ILUA. There is no end date specified for the ILUA, however the agreement states that 'The Agreement will end if the Federal Court determines that Native Title does not exist in relation to the ILUA Area' and that '[i]f the Federal Court determines that Native Title does not exist in relation to any part(s) of the ILUA Area the Agreement will not apply to any such area.'

Related Entries

Organisation
  • State of Queensland - Signatory
  • Gurang Land Council (Aboriginal Corporation) - Signatory
  • National Native Title Tribunal
  • Queensland Sapphire Producers Association - Signatory
  • Ghungalou Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Elizabeth Jacobs, Royce Richardson, Priscilla Broome, Lizabeth Johnson, Ernest McAvoy (Junior), Paul Hegarty, Peter Mickelo, Bernadette Anderson, Patrick Malone, Lillian Harrison, Cliff Kina, Gavin Costelloe, Marshall Saunders on behalf of the Kangoulu - Signatory
  • Lillian Harrison & others on behalf of the Kangoulu - Signatory
  • Kangoulu People

  • References

    Newspaper Article
    Natalie Smith (2004) Gemfields in Land Pact

    Documents

    Map
    Central Queensland Gemfields 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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