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Herberton Tin Fields Indigenous Land Use Agreement
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Herberton , Queensland, Australia|
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|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|
|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.
The area agreement commenced on the 11 December 2010 for the life of the Herberton Tin Field Mine Project.
The purpose of the ILUA was to allow for the construction, operation and maintainence of the Herberton Tin Field Mine Project.
|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.
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  FCA 868.
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  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.
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