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Yowah and Quilpie Small Scale Opal Mining Indigenous Land Use Agreement (ILUA)
|Date:||28 April 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Near Yowah and Quilpie, Queensland, Australia|
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|The ILUA is located in south west Queensland within the Bullo, Paroo and Quilpie Shire Councils, and the Goolburri Regional Council. The ILUA area lies approximately 50 kilometres south east of Eromanga and 25 kilometres west of Cunnamulla. It extends approximately from Fish Hole Crossing south to Hungerford and acrosst to Moonjaree Crossing in the east.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No.:QI2003/041|
|Subject Matter:||Exploration | Future Act | Land Use | Mining and Minerals | Native Title|
|The Yowah and Quilpie Small Scale Opal Mining Indigenous Land Use Agreement Budjiti & Mardigan People (the ILUA) was signed in November 2004 after four years of negotiations. The ILUA provides consent to the prospecting, exploring and mining of opals in the agreement area. A second ILUA relating to the Yowah Cleared Area was also signed.|
The ILUA applies to agreed acts which constitute 'future acts' under the Native Title Act 1993 (Cth). Under the ILUA, the parties consent to the grant of Mining Tenements under the Mineral Resources Act 1989 (Qld). Mining Tenements may be Prospecting Permits, Mining Claims, Exploration Permits, Mineral Development Licences, Mining Leases or related renewals. However, the Mining Tenements are subject to conditions. These include:
- The principal purpose of the Mining Tenement must be the discovery, evaluation or mining of opal;
- No more than ten people may be engaged in opal operations at any one time without the prior consent of the native title parties;
- No more than ten hectares of land may be disturbed at any one time (excluding land under rehabilitation following disturbance)
- The tenement area of an Exploration Permit must not exceed 100 sub-blocks (see Mineral Resources Act 1989 (Qld) s 126.
Regardless of whether these acts, or the performance of them has ever been invalid, the parties agree that they are now taken to be valid. This accords with the requirements of s 24EBA(1)(a)(i) of the Native Title Act 1993 (Cth).
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Without this agreement, any grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under the Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.
The ILUA also includes benefits for traditional owners by way of logistical support for cultural heritage inspections, and traineeships through the Department of Employment and Training (See online resources, Cyril Spann).
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