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Small Scale Mining & Exploration Activities- Wakaman People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 July 2007
Date To: 30 July 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Chillagoe, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 13,886 square kilometres of land in the vicinity of Chillagoe, in the state of Queensland. The ILUA area is located approximately 120 kilometres west of Cairns. It falls within the jurisdiction of the Tablelands Regional Council. The ILUA area does not include any areas where the Federal Court of Australia may determine that native title does not exist.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 August 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/036
Subject Matter:Land Use | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.036/ILUARegisterExport.pdf
Summary Information:
The Small Scale Mining & Exploration Activities - Wakaman People Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland, the North Queensland Miners Association Incorporated (NQMA), the North Queensland Land Council and John Alvoen and others on behalf of themselves and the Wakaman People. The purpose of this ILUA is to provide consent for the grant of a range of mining permits, licenses and rights with respect to the ILUA area.
Detailed Information:
Consent to agreed future acts

Pursuant to this ILUA, John Alvoen and others on their own behalf and on behalf of the Wakaman People give their consent to the following future acts:

  • The grant of a Prospecting Permit and the exercise of rights under this permit. The Prospecting Permit is to contain certain conditions set by the Wakaman People, and is to be granted following the making of a certain payment by the Grantee.

  • The grant of an Exploration Permit or Mineral Development License to the Grantee. If an Exploration Permit is to be granted, it will relate to an area of land comprising no more than 50 sub-blocks in Queensland, with no more than 150 sub-blocks to be held under an Exploration Permit in Queensland at any one time. If a Mineral Development License is granted, it will relate to an area of land comprising no more than 50 hectares in Queensland. Either the Exploration Permit or the Mineral Development License is to contain certain conditions set by the Wakaman People, and is to be granted following the making of a certain payment by the Grantee.

  • The grant of Mining Claims or Mining Leases to the Grantee, and the exercise of rights under these Claims or Leases. If a Mining Lease is granted, it will relate to an area of land in Queensland totalling 50 hectares or less. Either the Mining Lease or the Mining Claim is to contain certain conditions set by the Wakaman People, and is to be granted following the making of a certain payment by the Grantee.

  • The grant of Ancillary Rights in the form of a referable dam license and/or a water pumping license and/or a tree clearing permit to the Grantee.

  • The renewal of an Exploration or Mining Interest granted in reliance on this ILUA, if either of these interests complies with certain stipulated conditions and involves the making of a certain payment by the Grantee.


  • The extract from the National Native Title Tribunal Register of Indigenous Land Use Agreements does not provide details of either the amounts to be paid under this ILUA, or the conditions upon which these permits, licenses, claims, rights and leases are to be granted. The extract also does not mention the identity of the Grantee to whom these permits, licenses, claims, rights and leases are to be granted. An article in the AIATSIS Native Title Newsletter dated 28 November 2006 does, however, suggest that this ILUA is intended to enable an expansion of the mining interests of Perth-based company Kaga Zinc.

    Non-extinguishment principle

    The parties agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) applies to the future acts outlined above. This means that a future act that would ordinarily result in an extinguishment of native title in the ILUA area will not have this effect. Instead, native title rights will merely be suspended for the duration of the act.

    Right to negotiate

    The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the future acts outlined above.

    Background on native title in the ILUA area

    The ILUA area touches on the Wakaman People #2 native title claim, which was filed with the Federal Court of Australia as proceeding QUD 158 of 2004 on 9 August 2004. The claim relates to land in the vicinity of Chillagoe and Mungana in the state of Queensland. The North Queensland Land Council, which is a signatory to this ILUA, represented the Wakaman People in this proceeding.

    While this claim is still described as unregistered by the National Native Title Tribunal, the Wakaman native title claimants successfully argued in Wakaman People #2 v Native Title Registrar [2006] FCA 1198 (5 September 2006) that the Registrar had erred in refusing them registration. In this proceeding, Kiefel J proposed orders requiring the Registrar to accept their registration application and enter the details of their claim on the Native Title Claims Register. Further submissions as to when the latter order should come into force were sought in Wakaman People #2 v Native Title Registrar [2006] FCA 1251 (21 September 2006).

    The Wakaman People #2 native title claim has now been struck out.

    Related Entries

    Organisation
  • State of Queensland - Signatory
  • North Queensland Miners' Association Incorporated - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • John Alvoen and others on behalf of themselves and the Wakaman People - Signatory

  • References

    General Reference
    National Native Title Tribunal (25 August 2008) Extract from the Register of Indigenous Land Use Agreements: Small Scale Mining & Exploration Activities - Wakaman People ILUA
    National Native Title Tribunal (9 August 2004) Claimant Application Summary - Wakaman People #2
    North Queensland Miners' Association Incorporated (2010) Website
    Article
    Australian Institute of Aboriginal and Torres Strait Islander Studies (28 November 2006) Miners Rush to Stake Claims
    Publication
    National Native Title Tribunal (October 2006) Recent Cases: Wakaman People #2 v Native Title Registrar

    Documents

    Map
    Small Scale Mining & Exploration Activities - Wakaman People Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Extinguishment (Australia)

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