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Darumbal Stony Creek Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 May 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Stony Creek, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises 13.36 hectares of land on the beds and banks of Stony Creek in the County of Livingstone. The ILUA area falls within Lot 44 on SP 140243, and is situated south-west of Rockhampton in central Queensland. It lies within the jurisdiction of the Rockhampton Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 May 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/038
Subject Matter:Future Act | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.038/ILUARegisterExport.pdf
Summary Information:
The Darumbal Stony Creek Indigenous Land Use Agreement (ILUA) was agreed between Stanwell Corporation Ltd and Alan Douglas Hatfield, Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross. The purpose of this ILUA is to provide consent to a range of future acts relating to the activities and infrastructure of the Stanwell Power Station.
Detailed Information:
This ILUA is intended to commence on its Execution Date, and to continue operating thereafter until the Stanwell Power Station permanently ceases to operate.

The Stanwell Power Station

The ILUA relates to 'the Project' - being the construction, operation, maintenance and use of any infrastructure in the ILUA area, as well as the carrying out of activities related to the Stanwell Power Station and its associated supporting infrastructure. The Stanwell Power Station is a coal-fired electricity generator that constitutes the largest operating site of the Stanwell Corporation.

Consent to future acts

Pursuant to this ILUA, the parties give their consent to any future act to be conducted in the ILUA area for the purposes of the Project. They also agree to the grant, issue and exercise of any rights, consents, renewals, permits, authorisations and other entitlements required for the Project in the ILUA area, including but not limited to approvals for any act done by the Stanwell Corporation for the purposes of the Project. In addition, the parties agree to any works that are necessary or desirable for the construction, operation and maintenance of facilities for any part of the Project.

Furthermore, the parties to this ILUA agree to the validating of any future act (other than an intermediate period act) that has already been performed invalidly in the ILUA area.

Right to negotiate

The right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) are not intended to apply to any of the future acts to which consent has been granted under this agreement.

Background to this ILUA

This ILUA was negotiated ahead of the resolution of the Darumbal People's native title claims to land in the Rockhampton region of central Queensland. ILUA signatories Alan Douglas Hatfield, Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross represent the Darumbal People in both of these registered claims.

The first of these - the Darumbal People #1 claim - was filed with the Federal Court of Australia on 27 June 1997 as proceeding QUD6131 of 1998. This claim relates to approximately 52,377 square kilometres of land. The second claim - Darumbal People #2 - was filed with the Federal Court on 22 January 1999 as proceeding QUD 6001 of 1999. It covers approximately 757.6 square kilometres of land. Both of these claims also encompass offshore islands and marine areas along the Capricorn Coast.

The two native title claims by the Darumbal People remain active, and are currently in mediation. However, Darumbal Enterprises Pty Ltd (an entity established by the Darumbal People #1 native title claimants) has described progress on the claims as 'very slow' - largely due to the legalistic processes involved in the recognition of the Darumbal People's traditional connection to country (3).

In the meantime, as their native title claims continue to be mediated, Mr Alan Douglas Hatfield and the other ILUA signatories have entered into a number of Indigenous Land Use Agreements with respect to their claimed areas. These agreements include the Darumbal Marlborough Nickel Pipeline Indigenous Land Use Agreement, the Mt Etna Indigenous Land Use Agreement, the Darumbal Area Indigenous Land Use Agreement and the Darumbal Marmor Indigenous Land Use Agreement.

Related Entries

Agreement
  • Darumbal Marmor Indigenous Land Use Agreement (ILUA)
  • Arrow Darumbal LNG Project Indigenous Land Use Agreement (ILUA)
  • Arrow Darumbal LNG Project Indigenous Land Use Agreement (ILUA) No.2
  • Organisation
  • Stanwell Corporation Limited - Signatory
  • Darumbal Enterprises Pty Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Alan Douglas Hatfield, David Raymond James (deceased), Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross - Signatory
  • Darumbal People

  • References

    General Reference
    National Native Title Tribunal (16 May 2011) Extract from the Register of Indigenous Land Use Agreements - Darumbal Stony Creek ILUA
    Stanwell Corporation Limited (2011) Company Website
    Resource
    National Native Title Tribunal Claimant Application Summary - Darumbal People
    National Native Title Tribunal Claimant Application Summary - Darumbal People #2
    Publication
    Darumbal Enterprises Pty Ltd (July 2006) Darumbal Enterprises Newsletter

    Documents

    Map
    Darumbal Stony Creek Indigenous Land Use Agreement (ILUA) - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Claimants (registered) (Australia)

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