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Winton Gypsum Indigenous Land Use Agreement (ILUA)
|Date:||22 September 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Winton Shire, Queensland, Australia|
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|The ILUA area covers approximately 104 hectares located south-west of Winton in Queensland. It falls within the local government area of the Winton Shire Council and the Central Queensland Regional Council ATSIC region.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal number: QI2005/008.|
|Subject Matter:||Land Use | Mining and Minerals | Native Title|
|The Winton Gypsum Indigenous Land Use Agreement (ILUA) was agreed between Robert Wilkins (Zinaback Pty Ltd), the Maiawali and Karuwali People, Mayne River Gypsum Sales and the Gurang Land Council. The purpose of the ILUA is to provide consent to the grant of specified mining leases for gypsum mining in the Winton Shire area. A range of conditions and an agreed procedure are attached to the consent to such grants.|
|The parties acknowledge that the grant of a mining lease would normally attract the 'right to negotiate' provisions of the Native Title Act 1993 (Cth) (NTA). Under the NTA 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. Under the ILUA, it is agreed that these provisions will not apply to the grant of a mining lease made in accordance with the processes provided for in the Agreement. |
The native title parties consent to the grant of the Mining Lease provided that:
(a) the Mining Lease is granted:
(i) for the purpose of mining gypsum only;
(ii) following compliance with s 1 of the Native Title Conditions for Mining Claims and Mining Leases;
(iii) for a term no greater than 20 years; and
(iv) for an area no greater than 50 hectares;
(b) the Mining Lease contains s 2 of the Native Title Conditions for Mining Leases; and
(c) the Grantee party had paid the amount required to be paid under clause 14 for the grant of a Mining Lease.
The native title parties also consent to the renewal of the Mining Lease subject to the conditions set out above.
The parties to the ILUA acknowledge and agree to be bound by the obligations placed on them in their respective roles under the Native Title Conditions for Mining Claims and Mining Leases.
Finally, any Mining Leases granted in reliance on the terms of this ILUA will continue to be subject to the terms of this Agreement even where the ILUA is terminated or removed from the Register of Indigenous Land Use Agreements for any reason.
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