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Western Yalanji People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA)
|Date:||24 February 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||North-west of Cairns, Queensland, Australia|
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|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.|
|Subject Matter:||Exploration | Future Act | Land Use | Mining and Minerals | Native Title|
|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.
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