printable versionPrint this page

Bar-Barrum Herberton Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 July 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Irvinebark, Queensland, Australia
The area covered by this Indigenous Land Use Agreement comprises around 400 square kilometres of land in northern Queensland. It is located in the vicinity of Irvinebark and Herberton, southwest of Atherton and northwest of Ravenshoe. The ILUA area falls within the jurisdiction of the Tablelands Regional Council. It does not include areas of land where native title rights and interests have been validly extinguished by either the common law or by previous acts of the Commonwealth and State governments.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 July 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/040
Subject Matter:Land Use | Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.040/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the following parties:

  • North Queensland Metals Limited;

  • Walker Resources Pty Ltd;

  • Dianne Mining Corporation Limited;

  • Bar-Barrum Aboriginal Corporation; and

  • Tom Congoo and others on their own behalf and on behalf of the Bar-Barrum Native Title Parties.


  • The purpose of this ILUA is to provide consent for a range of 'Agreed Future Acts' in relation to North Queensland Metals' Herberton mining project.
    Detailed Information:
    This ILUA will terminate once North Queensland Metals' rights and interests in relation to the Herberton project are surrendered, canceled or discontinued.

    The Herberton project

    This ILUA was entered into for the purposes of the Herberton project, for which North Queensland Metals was the proponent. This project includes the Baal Gammon mine and the Silver Valley treatment plant, and involves the mining and processing of copper, indium, silver, tin and other metals. The project also involves the undertaking of exploration activities in search of additional ore sources.

    This ILUA is one of three Indigenous Land Use Agreements that were registered for the purposes of the Herberton project. These ILUAs are intended to set out a process for exploration and development in areas covered by Exploration Permits for Minerals. One of the other two ILUAs is the Jirrbal Herberton Project Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2007/039), which covers land east of Herberton that is claimed by the Jirrbal People. The other ILUA is the Joint Bar-Barrum Jirrbal Herberton Project Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2007/041), which covers land claimed by both the Jirrbal and the Bar-Barrum Peoples. According to a media release published by ABN Newswire, the registration of these ILUAs will facilitate the granting of the mining leases for the Herberton project.

    Since the signing of this ILUA, North Queensland Metals has been taken over by Conquest Mining Limited. The takeover took place in May 2010.

    Consent to 'Agreed Future Acts'

    Pursuant to this ILUA, the Bar-Barrum Native Title Parties, on their own behalf and on behalf of the Bar-Barrum People, give their consent to the following 'Agreed Future Acts' within the ILUA area:

  • The grant to North Queensland Metals, Walker Resources and Dianne Mining of the right to any grant, permission, license, authorisation, permit, approval, interest or rearrangement of existing property boundaries in the ILUA area that may be necessary or desirable for the purposes of the Herberton project;

  • The construction, operation and maintenance of the Herberton project and all works that are either required for the purposes of the project or incidental to it;

  • The implementation and operation of the Herberton project; and

  • The decommissioning of the Herberton project and any necessary rehabilitation to the land impacted by the project.


  • The giving of consent to the abovementioned Agreed Future Acts involves the agreement by the Bar-Barrum Native Title Parties that they will take reasonable steps to enable the doing of these acts, and refrain from objecting to or doing anything to prevent or delay the doing of these acts.

    Right to negotiate provisions

    The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the Agreed Future Acts outlined above.

    Background on the Bar-Barrum People and native title in the ILUA area

    The Bar-Barrum People were the unregistered native title claimants in the proceeding Congoo v Queensland [2001] FCA 868 (Federal Court File No. QUD 6222/98), which was finalised with a full approved determination by the Federal Court of Australia on 28 June 2001. This consent determination recognised the Bar-Barrum People as having native title rights and interests over 316.4 square kilometres of land to the west and southwest of Herberton in far north Queensland. It was the first native title determination in Queensland to cover reserves and unallocated State land.

    The Bar-Barrum People's native title rights and interests are administered by the Bar-Barrum Aboriginal Corporation, which is a signatory to this ILUA.

    Related Entries

    Agreement
  • Joint Bar-Barrum Jirrbal Herberton Project Indigneous Land Use Agreement (ILUA)
  • Congoo v State of Queensland [2001] FCA 868 (28 June 2001)
  • Jirrbal Herberton Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • North Queensland Metals Limited - Signatory
  • Walker Resources Pty Ltd - Signatory
  • Dianne Mining Corporation Pty Ltd - Signatory
  • Bar-Barrum Aboriginal Corporation - Signatory
  • Conquest Mining Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Tom Congoo and others on their own behalf and on behalf of the Bar-Barrum Native Title Parties - Signatory
  • Bar-Barrum People

  • References

    General Reference
    National Native Title Tribunal (25 July 2008) Extract from the Register of Indigenous Land Use Agreements - Bar-Barrum Herberton Project ILUA
    National Native Title Tribunal (23 April 2008) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements: Bar-Barrum Herberton Project ILUA
    National Native Title Tribunal (8 November 1996) Claimant Application Summary: Bar-Barrum People
    Conquest Mining Limited Company Website
    Case Law
    Commonwealth of Australia (2001) Congoo v State of Queensland [2001] FCA 868
    Media Release
    National Native Title Tribunal (28 June 2001) Bar-Barrum People in Queensland Native Title Determination First
    ABN Newswire (4 August 2008) North Queensland Metals Progresses Herberton Copper-Tin-Silver-Indium Project
    Report
    National Native Title Tribunal (2001) The Bar-Barrum People's Native Title Determination: Questions and Answers
    Resource
    National Native Title Tribunal (2004) Bar-Barrum People Native Title Determination Summary
    Australian Institute of Aboriginal and Torres Strait Islander Studies (26 August 2008) Prescribed Bodies Corporate Profile: Bar-Barrum Aboriginal Corporation

    Documents

    Map
    Bar-Barrum Herberton Project 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) | Native Title Determination (Australia) | Native Title Claimants (unregistered) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey