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HPX3 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 May 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Hay Point, Queensland, Australia
This agreement covers about 19 hectares over Lot 97 in SP231132 on Hay Point in Queensland. Hay Point lies approximately 18 kilometres southeast of Mackay. The area lies within the Local Government Authority of Mackay Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 May 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/023
Subject Matter:Access | Mining and Minerals | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.023/ILUARegisterExport.pdf
Summary Information:
The HPX3 Indigenous Land Use Agreement (ILUA) was agreed between:

- BM Alliance Coal Operations Pty Ltd as manager and agent for and on behalf of BHP Coal Pty Ltd, BHP Queensland Coal Investment Pty Ltd, UMAL Consolidated Pty Ltd, Mitsubishi Development Pty
Ltd, OCT Mining Pty Ltd, OCT Investment Pty Ltd and QCT Resources Pty Ltd;

- Sam Dallachy, Norman Johnson, Duncan Johnson, Len Watson, Nathan Mooney and Gary Mooney on their own behalf and on behalf of the Native Title Group; and

- the State of Queensland

The purpose of this ILUA is to grant rights for a joint venture project which includes extinguishment of native title rights.
Detailed Information:
Agreement Details

The Parties consent to the Grant of the Project Tenure to the Joint Venture Partners, the Surrender or Taking of Native Title and any act necessary or ancillary to the grant of the Project Tenure, the Surrender or Taking of Native Title ('Project Acts').

The Joint Venture Partners are the persons who are the participants in the CQCA (Central Queensland Coal Associates) Joint Venture:
1. BPH Coal Pty Ltd;
2. BHP Queensland Coal Investments Pty Ltd;
3. UMAL Consolidated Pty Ltd;
4. Mitsubishi Development Pty Ltd;
5. QCT Mining Pty Ltd;
6. QCT Investment Pty Ltd; and
7. QCT Resources Pty Ltd.

Surrender/Taking of Native Title

This ILUA includes agreement by the native title party to surrender native title, according to clause 4.2 of the ILUA.

Although the ILUA extract does not provide the details contained in clause 4.2, it appears that the surrender relates to land contained in the 'Reclamation Area'. This is an area of not more than 10.5 hectares, which is that part of Lot 97 on SP231132 landward of the high water line. The ILUA extract includes a map of this area in Schedule 4.

The 'Taking of Native Title' also relates to land in the Reclamation area. It is to enable the Grant of Project Tenure is accordance with State Development and Public Works Organisation
Act
1971 (QLD), the Acquisition of Land Act 1967 (QLD) or any other legislation which provides for the taking of land or rights relating to land.

Native Title Provisions

The non-extinguishment principle does not apply to Project Acts.

The parties consent to the doing of any Project Acts that are future acts.

The ILUA stipulates that the right to negotiate provisions of the Native Title Act 1993 do not apply.


Native Title in the ILUA Area
There is currently no determination or active application for Native Title over the ILUA area.

Related Entries

Organisation
  • BM Alliance Coal Operations 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
  • Sam Dallachy, Norman Johnson, Duncan Johnson, Len Watson, Nathan Mooney and Gary Mooney on their own behalf and on behalf of the Native Title Group - Signatory

  • References

    General Reference
    National Native Title Tribunal (31 May 2012) Extract from Register of Indigenous Land Use Agreements - HPX3 ILUA

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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