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Hancock Alpha Coal Project (Port Area Native Title Group) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 March 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Galilee Basin, Queensland, Australia
The ILUA covers approximately 535 square kilometers, beginning about 10 kilometers west of Merinda and stretching in a generally westwardly direction.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 March 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2011/019
Subject Matter:Mining and Minerals | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/QI2011.019/ILUARegisterExport.pdf
Summary Information:
The Hancock Alpha Coal Project (Port Area Native Title Group) Indigenous Land Use Agreement (ILUA) was agreed between:

- Hancock Coal Infrastructure Pty Ltd;

- The State of Queensland; and

- Darryl Paul, Iris Glenbar, Joe Henaway, Eddie Smallwood, Christina George, Margaret Smallwood, Stephanie Cora, Cecilia Upkett, Raelene Oui, Joseph Cora, Kelvin Lampton, Daphne Singleton, Lenora Aldridge and Gavin Smallwood on their own behalf and on behalf of all people who claim to hold native title in relation to land or waters in the ILUA Area.

The purpose of this ILUA is to allow Hancock Coal Infrastructure Pty Ltd (Hancock) to develop thermal coal mines in the ILUA area, plus related infrastructure, which includes a 495km railway and a coal export facility, port, and material handling facility at Abbot Point.

The ILUA extract does not reveal any information about benefits or compensation received by the Native Title applicants in exchange for the agreement.
Detailed Information:
Details of the Agreement

The parties to this ILUA give consent to:

- The grant of "Project Approvals" (which cover activities needed for the construction, operation, use, maintenance, repair, further development, decommissioning or rehabilitation of the Project); and

- The undertaking of all "Project Activities" (which are activities that occur in the ILUA area and which have been authorised by a Project Approval).

"The Project" is described in the ILUA extract as comprising of the following components, both inside and outside the ILUA area:

"(a) the development of thermal coal mines (known as the Alpha Coal Project and the Kevin's
Corner Project), each having an approximate production capacity of 30 mtpa over a life span of
more than 30 years together with associated infrastructure and utilities;

(b) a mine to port railway between Alpha and Abbot Point:
    (i) of approximately 495km in length;
    (ii) designed to initially accommodate the transportation of between 60 and 80 mtpa of coal and with potential to increase the tonnage transported with additional passing loops and selective partial duplication of track;
    (iii) including a load out loop at the Alpha Coal minesite, a spur and load out loop to the Kevin's
Corner mine site, the main line from the mining operations to the port at Abbot Point; and
    (iv) all other infrastructure considered necessary or desirable by HCIPL for the railway including passing loops, maintenance tracks, maintenance and marshalling yards and port unload loops, dump stations, in-loading conveyors, coal handling conveyors and stockpile areas;

(c) a coal export facility, port, and material handling facility at Abbot Point with an approximate minimum capacity of 60 mtpa; and

(d) all other infrastructure considered necessary or desirable by HCIPL for the Project and in
particular a single rail corridor, which may include:
    (i) a mine industrial area including main workshop, warehouse, administration buildings, training and emergency services building, tyre bay, light vehicle workshop and bucket repair shop;
    (ii) coal handling and preparation plant and associated infrastructure;
    (iii) an airport;
    (iv) construction camps;
    (v) a main accommodation camp;
    (vi) mine access and other internal roads;
    (vii) fuel, oil, and explosives storage facilities;
    (viii) a fuel transportation pipeline;
    (ix) power supply options for the power requirements including transmission lines;
    (x) on site borefield and regional long term water supply options including water pipelines, pumping stations and associated power supply; and
    (xi) communication cables and towers."


The ILUA will come into operation on the day it is executed by the parties, but is subject to Hancock making the decision to proceed or not to proceed with, or terminate the Project. See clause two of the ILUA extract for further information on termination procedures.

Some rights and obligations set out under the ILUA will continue upon the termination of the agreement.

Native Title Provisions

Consent to Surrender
Where possible, Hancock agrees to grant Project Approvals within the ILUA area subject to the application of the Non-Extinguishment Principle.

Where the surrender of Native Title is necessary for a Project Approval to be granted, the parties consent to the surrender of only as much Native Title that exists within that part of the ILUA Area that is the subject of the Project Approval and which is necessary to extinguish in order to allow the Project Approval to be granted.

The parties agree that a surrender in these circumstances is intended to extinguish the Native Title.

Consent to Future Acts
The Parties consent to the doing of any of the acts referred to clause in three of the agreement that are Future Acts.

Right to Negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Native Title in the ILUA Area
The land which the ILUA covers is subject to two current Native Title Applications - 'Juru People' (filed on 15 December 2012. Federal Court File No.:QUD554/10) and 'Juru People #2 (filed on 5 January 2012. Federal Court File No.: QUD7/12.

Related Entries

Organisation
  • Hancock Coal Pty Ltd - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Darryl Paul & others on their own behalf and on behalf of all people who claim to hold native title in relation to land or waters in the Hancock Alpha Coal Project ILUA. - Signatory

  • Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia)

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