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Small Scale Mining and Exploration Activities Queensland South Area Yowah Cleared Area Indigenous Land Use Agreement (ILUA)
|Binomial Name:||Budjiti & Mardigan People|
|Date:||28 April 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Near Yowah, Queensland, Australia|
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|The ILUA is located in south west Queensland within the Paroo and Quilpie Shire Councils, and the Goolburri Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal File No.:QI2003/034|
|Subject Matter:||Exploration | Land Use | Mining and Minerals | Native Title|
|The Small Scale Mining and Exploration Activities Queensland South Area Yowah Cleared Area Indigenous Land Use Agreement was signed in November 2004 after four years of negotiations. The ILUA provides consent to the grant of mining claims or mining leases within the agreement area. A second ILUA relating to the prospecting and exploring opals in the Yowah area was signed at the same time.|
The ILUA provides the consent of the grant of a Mining Lease or Mining Claim in the agreement area if the lease or claim includes the Native Title Conditions and the grantee pays an amount stipulated in the agreement. The parties acknowledge that these grants are 'future acts' under Native Title Act 1993 (Cth). Mining Leases or Mining Claims granted in reliance on the ILUA may be renewed if the above conditions continue to be met.
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.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of Mining Leases or Mining Claims, as the alternative consultation provisions are to be followed instead.
Without this agreement, any grant would have been invalid. Under the Native Title Act 1993 (Cth) 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 expires ten years from the date of registration, however the ILUA will continue to apply to mining leases and claims granted or renewed in reliance on the ILUA.
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