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Small Scale Mining & Exploration Activities- Wakaman People Indigenous Land Use Agreement (ILUA)
|Date:||31 July 2007|
|Date To:||30 July 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Chillagoe, Queensland, Australia|
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|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|
|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.|
|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 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.
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  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  FCA 1251 (21 September 2006).
The Wakaman People #2 native title claim has now been struck out.
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