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Herberton Tin Fields Indigenous Land Use Agreement

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Herberton , Queensland, Australia
Herberton Tin Fields ILUA is located near Herberton in the Atherton Tablelands region in far north Queensland.
Legal Reference: National Native Title Tribunal file no: QI2011/012
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Herberton_Tin_Fields_ILUA_QI2011_012.aspx
Summary Information:
The Herberton Tin Fields indigenous land use agreeement was agreed between Consolidated Tin Mines Ltd (APPLICANT) and the
- Bar Barrum Aboriginal Corporation;
- Tom Congoo and John Wason on their own behalf and on behalf of the Bar-Barrum #2 People;
- Tom Congoo and John Wason on their own behalf and on behalf of the Bar-Barrum #3 People;
- Layne Malthouse, Tom Congoo and John Wason on their own behalf and on behalf of the Bar-Barrum #4 People;
- John Wason, Tennyson Kynuna and Lynette Burke on their own behalf and on behalf of the Bar-Barrum #5 People;
- Layne Malthouse, Tennyson Kynuna and Lynette Burke on their own behalf and on behalf of the Bar-Barrum #6 People; and
- Jean Rosas, Tom Congoo and John Wason on their own behalf and on behalf of the Bar-Barrum #7 People.

Commencement
The area agreement commenced on the 11 December 2010 for the life of the Herberton Tin Field Mine Project.

Purpose
The purpose of the ILUA was to allow for the construction, operation and maintainence of the Herberton Tin Field Mine Project.
Detailed Information:
Details of the Agreement
The native title parties to the Herberton Tin Fields ILUA consented to agreed future acts, including:
(a) a grant to Consolidated Tin Mines Limited of the Project Rights and the implementation
of those Project Rights (Project Rights being any permission, licence, permit, authorisation, approval, interest, or rearrangement of existing property boundaries which are necessary or desirable for the undertaking of the Herberton Tin Field Project, for example an exploration permit);
(b) construction, operation and maintenance of the Herberton Tin Field Project;
(c) implementation and operation of the Herberton Tin Field Project; and
(d) the decommissioning of the Herberton Tin Field Project and the required rehabilitation of
land affected by the Herberton Tin Field Project.

Background
The Project
Consolidated Tin Mines major project is located in the lower Herberton Tin Field near Cairns in northern Queensland. The operation is an open pit tin mining operation. Consolidated Tin Mines is focused on developing the project into a major Australian tin mining operation, aiming to produce around 5,000 tonnes of tin per annum.

Native title background
The Bar-Barrum people are the native title holders of the area having claimed 357 square kilometres of reserves and unallocated State land in the 2001 consent determination of Congoo v State of Queensland [2001] FCA 868.

Representative body
Bar-Barrum Aboriginal Corporation is the registered native title body corporate for the consent native title determination in Bar-Barrum People v State of Queensland & Ors [2001] FCA 868 (28 June 2001). It is a signatory party to a range of Indigenous Land Use Agreements regarding infrastructure in the Herberton region in far north Queensland.

Related Entries

Agreement
  • Congoo v State of Queensland [2001] FCA 868 (28 June 2001)
  • Organisation
  • Bar-Barrum Aboriginal Corporation
  • People
  • Bar-Barrum People
  • Tom Congoo et al on their own behalf and on behalf of the Bar Barrum People #2, #3, #4, #5, #6 and #7.
  • Tom Congoo & others on behalf of the Bar-Barrum Native Title Parties
  • Tom Congoo and others on their own behalf and on behalf of the Bar-Barrum Native Title Parties
  • Case Law
  • Congoo v Queensland [2001] FCA 868 (28 June 2001)

  • 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
    National Native Title Tribunal (30 September 2011) Registered ILUA - Herberton Tin Fields ILUA QI2011/012
    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
    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
    Herberton Tin Fields ILUA Map - ( PDF | Image)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Area Agreement (Australia) | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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