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Land Use and Access Agreement between Western Yalanji, State of Queensland and Noel A. Adam

Category: Agreement
Date: 28 September 1998
Sub Category:Future Act Agreement (Native Title Act) | Land Use Agreement
Location:Queensland, Australia
The Determination Area comprises the land and waters near Mt Carbine, in the Mareeba Shire of north Queensland, approximately 155 km north-west of Cairns.
Legal Status: Registered on the National Native Title Register o
Legal Reference: Federal Court No: QG6002/96, National Native Title
Subject Matter:Housing, Construction and Infrastructure | Mining and Minerals | Native Title | Land Use | Native Title
Summary Information:
In accordance with the Land Use and Access Agreement between the Western Yalanji People, the State of Queensland and Noel A. Adam, the Western Yalanji, pursuant to Section 21 of the Native Title Act 1993, authorised certain acts which may affect their native title rights and interests in order to enable Adam to continue his mining activities within the determination area.
Detailed Information:
Adam had mining interests in parts of the determination area and had applied for three mineral exploration permits over land the subject of the determination. Pursuant to the Agreement, if those mineral exploration permits were granted by the Minister responsible for the Mineral Resources Act 1989, then Western Yalanji authorised those permits to be granted. In addition Western Yalanji authorised the continued use by Adam of the existing Horn Valley airstrip and the roads and tracks within the determination area in relation to his mining and exploration interests. The Western Yalanji also authorised the construction, maintenance and use by Adam of a water reticulation system to allow Adam to transport water from the Mitchell River to any mining sites for the purposes of mining activities. Construction of any part of the water reticulation system or of any new or re-routed road or track within the determination area was subject to written clearance by Western Yalanji concerning the presence of sites of significance.

The Agreement does not affect the rights of the Western Yalanji to claim compensation from the State of Queensland pursuant to the Native Title Act 1993 and from Adam pursuant to the Mineral Resources Act 1989. Neither does it affect the rights of the State to claim compensation from Adam pursuant to the Mineral Resources Act 1989. The Agreement also sets out a dispute resolution process.

Related Entries

Agreement
  • Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors [1998] 1269 FCA (28 September 1998)
  • Organisation
  • State of Queensland - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Mineral Resources Act 1989 (Qld)
  • People
  • Western Yalanji People - Signatory
  • Adam, Noel A. - Signatory

  • References

    Report
    National Native Title Tribunal (1998) Native Title Determination: Western (Sunset) Yalanji, Queensland. (Application Number QG6002/96) September 1998

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia)

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