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Aurukun Bauxite Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 August 2007
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Aurukun, Far North Queensland, Queensland, Australia
Alternative Names:
  • Chalco ILUA
  • Subject Matter:Mining and Minerals | Native Title
    Summary Information:
    The Aurukun Bauxite Project (Feasibility Study) Agreement Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT); and Ngan Aak Kunch Aboriginal Corporation; the Aluminium Corporation of China Limited ('Chalco'); and Anthony Kerindun, Janine Chevathun and Alison Woolla. This ILUA deals with the proposed new alumina facility in the west of Cape York. It provides consent for the conduct of a feasibility study into the venture, as well as for a Mineral Development Licence, should one be required.

    The ILUA was registered on the 6 August 2007, and states that it will operate for the duration of the Development Agreement or of any mining lease.
    Detailed Information:
    Queensland Premier Peter Beattie has said of this alumina project that it 'could result in about $3 billion in new capital expenditure for a bauxite mine at Aurukun [and] could create up to 4,500 new full time jobs during the construction and operation phases' (Beattie 2006). He has also praised the Aurukun Community for the 'the demonstration of good faith shown by the traditional owners to engage with Chalco to achieve the best social and economic result for the region.' Chalco's Australian project Leader, Zhongxiu Liang, has stated that the 'development of the Aurukun Bauxite Resource represented one of the most attractive development targets globally for Chalco' (see Beattie 2006).

    Under the agreement, Chalco will provide $2 million a year to work with the community, while 'the Queensland Government will provide approximately $3 million over two years to improve the coordination and delivery of government services and programs, and to assist the community to share in the benefits from this project' (Bligh 2007).

    This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. 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.

    Related Entries

    Organisation
  • Ngan Aak Kunch Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Aurukun Shire Council
  • Aluminium Corporation of China Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Anthony Kerindun, Janine Chevathun and Alison Woolla - Signatory

  • References

    General Reference
    Peter Beattie, Premier of Queensland (28 June 2006) Chalco makes final bid for Aurukun bauxite resource
    Tan Hwee Ann, The Age (18 October 2005) Bauxite play-off pits BHP v China
    Anna Bligh, Deputy Premier & Warren Pitt, Minister for Communities, Disability Services, Aboriginal and Torres Strait Islander Partnerships (25 May 2007) Indigenous land use agreement positions community to benefit from Aurukun bauxite project
    National Native Title Tribunal (December 2007) Cultural differences no barrier to agreement-making
    Clare Buttner (15 June 2007) A new chapter for Wik people
    Newspaper Article
    Raphael Minder (24 March 2008) Can Chalco show the way in deal with Aborigines?
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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