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Bathurst Heads (Wongai) Mine Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 26 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Bathurst Heads, Queensland, Australia
The ILUA area is within the Cook Shire Council local government region.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 February 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/086
Subject Matter:Access | Future Act | Land Management | Land Use | Management / Administration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Bathurst_Heads_%28Wongai%29_Mine_ILUA_QI2012_086.aspx
Summary Information:
The Bathurst Heads (Wongai) Mine Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Earnie McGreen, Eric Harrigan, Hans Pearson, Helen Rootsey for and on behalf of the Kalpowar People (applicant);
- Michael Ross (Junior) and Brendan Ross for and on behalf of the Aba Dhalpirrjawarra People.
Clarence Flinders and Yvonne Walker for and on behalf of the Aba Yeerrkoya People. Hans Pearson and Robert Pearson for and on behalf of the Bagaarrmuguwarra People. Timothy McGreen and Earnie McGreen for and on behalf of the
Muundhiwarra People;
- Kalpowar Aboriginal Land Trust;
- Kalpowar Land Act Reserves Limited; and
- Aust-Pac Capital Pty Limited ACN 103653425 in its own right and as trustee for the Wongai Unit Trust ABN 56191312511.

The purpose of this ILUA is to provide for a coal mining project.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commences on the 'commencement date'. This date has not been specified in the ILUA extract. Clause 3.1 concerning the parties' consent to the project, does not, however, commence until the ILUA has been registered, that is 26 February 2013.

Agreement

The parties to the ILUA consent to the project interests and the undertaking of the project to the extent that they are future acts.

The 'project' is:

1. the planning, design, development, construction, operation and maintenance of Aust-Pac Capital Pty Limited's underground coal mine which (a) is solely for the purpose of mining coking coal; (b) is for mining at a rate of no more than 4,000,000 tonnes of coal per year; and includes the exploration and drilling for coal, the extraction, production, transportation, conveying, loading and marketing of coal, power generation and the storage and transportation of water, gas and other substances, but specifically excludes washing, processing or crushing coal.

2. the planning, design, development, construction, operation and maintenance of infrastructure or other facilities required or desirable for or to support the conduct of the operations referred to in (a) above including power lines, water pipelines, gas pipelines, conveyors, construction camps, buildings and roads; and

3. a reference to each and every phase and component of the operatoins referred to in 1 and 2 above and activities related to, associated with or incidental to the activities referred to in 1 and 2 above (including the phase of completing any rehabilitation of those operations and terminating or surrendering approvals).

The 'project interests' are:

1. the grant of the mineral resources tenure including the mining leases and including prospecting permits, exploration permits and mineral development licences;

2. the grant of any other rights and interests, approvals or future acts necessary or desirable for or incidental to the conduct of the project including:
(a) the grant of any approvals under the Environmental Protection Act 1994 (Qld) and the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) including the Environmental Authority;
(b) the grant of any road closure or road opening;
(c) the de-gazettal or similar act of any reserves or other Crown land;
(d) granting of approvals including tenure under the Land Act 1994 (Qld) and any easements;
(e) the grant of any water licence, dam licence, or any other approval under the Water Act 2000 (Qld);
(f) the grant of any approvals related to or associated with any infrastructure including power lines, water pipelines, gas pipelines, conveyors, construction camps, buildings and roads;
(g) the grant of any approvals under the Sustainable Planning Act 2009 (Qld), Coastal Protection and Management Act 1995 (Cth), Forestry Act 1959 (Qld), State Development and Public Works Organisation Act 1971 (Qld), Vegetation Management Act 1999 (Qld), Transport Infrastructure Act 1994 (Qld), Electricity Act 1994 (Qld), Fisheries Act 1994 (Qld) and the Nature Conservation Act 1992 (Qld); and
(h) the grant of any approvals for dredging, spoil disposal or in relation to shipping and other port activities;

3. the renewal of any of the above rights and interests, appprovals or future acts;

4. the undertaking of any acts pursuant to the above grants or renewals or acts considered by Aust-Pac Capital Pty Limited as necessary or desirable for or incidental to the conduct of the project; and

5. the making, amendment or repeal of legislation (including regulations and similar acts) relating to or associated with the project.

As the ILUA has been registered on the ILUA register, subdivision P, Division, 3, Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to any future acts.

Related Entries

Organisation
  • Kalpowar Aboriginal Land Trust - Signatory
  • Kalpowar Land Act Reserves Limited - Signatory
  • Aust-Pac Capital Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Albert Lakefield, Earnie McGreen, Eric Harrigan, Hans Pearson and Helen Rootsey for and on behalf of the Kalpowar People. - Signatory
  • Kalpowar People
  • Aba Dhalpirrjawarra People - Signatory
  • Michael Ross (Junior) and Brendan Ross for and on behalf of the Aba Dhalpirrjawarra People - Signatory
  • Yeerrkoya People
  • Clarence Flinders and Yvonne Walker for and on behalf of the Aba Yeerrkoya People - Signatory
  • Bagaarrmuguwarra People
  • Hans Pearson and Robert Pearson for and on behalf of the Bagaarrmuguwarra People - Signatory
  • Muundhiwarra People
  • Timothy McGreen and Earnie McGreen for and on behalf of the Muundhiwarra People - Signatory

  • References

    General Reference
    National Native Title Tribunal (26/02/2013) Bathurst Heads (Wongai) Mine ILUA Extract

    Documents

    Document
    Written Description of the Bathurst Heads (Wongai) Mine ILUA Agreement Area - ( PDF)
    Bathurst Heads (Wongai) Mine ILUA Area Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Land Trust (Queensland) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Legislation | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Proprietary Company | Public Company | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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