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Metallica Minerals Indigenous Land Use Agreement (ILUA)
|Date: ||25 November 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA area is within the Dalrymple Shire Council, Etheridge Shire Council and Herberton Shire Council local government regions.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal No.: QI2005/002.|
|Subject Matter:||Compensation | Cultural Heritage | Exploration | Future Act | Land Use | Mining and Minerals|
|Summary Information: |
|The Metallica Minerals Indigenous Land Use Agreement (ILUA) was made between Metallica Minerals Ltd, QLD Gold and the Native Title Group, the Gugu Badhun People. The ILUA provides the consent of the Gugu Badhun People for certain exploration activities to be carried out by Metallica Minerals and QLD Gold subject to the terms of the agreement.|
|Detailed Information: |
|The ILUA provides consent for future acts to be carried out by Metallica Group subject to the terms of the agreement. The parties thus 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, the grant of project rights such as exploration permits and associated statutory approvals, consents and licences required for the project would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this 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 Gugu Badhun People consent to the grant and exercise of project rights as well as any acts that are reasonably required to give effect to those rights. This consent is subject to Metallica Group's agreement to undertake the obligations and provide the benefits to the Gugu Badhun People that are set out in Schedules 2, 3 and 4 of the ILUA. Such benefits include the establishment of a Liaison Committee, arrangements for cultural heritage protection and monitoring, and payments to the Native Title Group.
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