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Western Yalanji People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 February 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:North-west of Cairns, Queensland, Australia
The area of the ILUA includes the land and waters that fall within the external boundaries of Exploration Permits: 11538, 11541, 11765, 11945, 12004, 12375, 12780, 13069. The ILUA also coves the land and waters that fall with Exploration Permits 12637 and 13015, but excludes that portion outside the 'northern boundary' of the Western Yalanji area as at 24/02/2005. The 'northern boundary' commences at the north-western corner of Lot 1 on CP825797 and extends easterly to the north-eastern corner of Lot 1, then easterly to the western boundary corner of Lot 165 on FTY1722 at coordinates 145.084167 degrees East and 15.839444 degrees South. The ILUA area is situated within the Cook and Mareeba Shire Councils, and the Cairns & District and Peninsula Regional Councils.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: QI2004/012.
Payments:
  • - Compensation is detailed under clause 14.1 of the ILUA.
  • Subject Matter:Exploration | Future Act | Land Use | Mining and Minerals | Native Title
    URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2004/QI2004.012/ILUARegisterExport.pdf
    Summary Information:
    The Western Yalanji People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA) is a statewide model ILUA between the Queensland government, Western Yalanji People and the North Queensland Land Council. The ILUA provides the consent of the Western Yalanji People to the grant of backlog Exploration Permit (EP) applications and Mineral Development Licence (MDL) applications by the State of Queensland. The ILUA applies to applications made on or before 15 September 2000.

    The right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to grants made under the ILUA. This will enable the backlog of applications for tenements in the agreement area to be processed without requiring the longer timeframes of the right to negotiate process that would otherwise apply.

    The ILUA allows for certain 'Future Acts' to be done. EPs may be granted to an 'Explorer' for up to 5 years, subject to a set of 'Native Title Conditions' specified in the agreement and provided that the Explorer has paid the compensation amount required under the agreement. Explorers may be granted an MDL subject to the same provisions, as long as they have also been granted an EP under the ILUA and do not have any 'outstanding dispute' with the Western Yalanji People nor have 'breached any conditions' relating to that EP.

    On being granted a tenement, the explorers may conduct 'Exploration Activites' in the area.

    EPs and MDLs granted under the ILUA may be renewed, provided they remain subject to the conditions of the agreement.

    Related Entries

    Organisation
  • State of Queensland - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Cook Shire Council
  • Mareeba Shire Council
  • Western Yalanji Aboriginal Corporation
  • Cairns and District Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Western Yalanji People
  • Rodney Riley and others on their own behalf and on behalf of the Western Yalanji People - Signatory

  • References

    Media Release
    Stephen Robertson, Department of Natural Resources and Mines, Queensland (2004) New ILUAs to Boost Mining in North Queensland
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Western Yalanji People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    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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