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Jangga People/Clermont Group Quarry Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 December 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Central Eastern Queensland, Queensland. , Australia
The Agreement Area covers all of the land and waters that are subject to Native Title Determination QUD6230/1998 Jangga People (QCD2012/009). This area is approximately 11,350 square kilometres located in Central Eastern Queensland between Glenden, Lake Dalrymple and Moray Downs. It is located in the area of Charters Towers, Isaac and Whitsunday Regional Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 December 2013.
Legal Reference: National Native Title Tribunal File No.: QI2013/071
Subject Matter:Access | Economic Development | Future Act | Housing, Construction and Infrastructure | Land Management | Management / Administration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD-RegisteredILUA-JanggaPeopleClermontGroupQuarryILUAQI2013071.aspx
Summary Information:
The Jangga People/Clermont Group Quarry Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Capricorn Bulk Haulage Pty Ltd (applicant);

- the Bulganunna Aboriginal Corporation;

- Jangga Operations Pty Ltd; and

- Central Highlands Gravel Pty Ltd.

The purpose of this ILUA is to authorise the extraction, processing and production of quarry material, as well as other activities relating to the economic development of the quarry.
Detailed Information:
Details of the agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 9 December 2013. The Extract does not stipulate a specific start or end date but the Agreement is said to commence when Capricorn Bulk Haulage and Central Highlands Gravel execute the Agreement.

Agreement

The Agreement operates to provide the parties' consent to specified 'Project Activities' to the extent that they are future acts. The Extract provides that these activities are those related to:

a) Planning and preparation for a project;

b) The exploration, extraction, processing and production of quarry material;

c) The transportation of quarry material;

d) The stockpiling and storage of quarry material;

e) The use of quarry material in any value adding process;

f) The construction, operation, maintenance, repair or remediation of anything relating to any of the things referred to in paragraphs (a) to (e);

g) Anything else reasonably necessary for the establishment and operation of a hard rock quarry or extraction facility for fill or sand; and

h) Anything permitting or requiring any of the things referred to paragraphs (a) to (g).

Schedule 5 gives some examples of project activities.

The Agreement also allows project activities to be carried out by, for or on behalf of the proponent, any related Bodies Corporate of the proponent, any co-venturers and any other person entitled to benefit under this ILUA. The Extract defines the proponent as the joint venture between Capricorn Bulk Haulage and Central Highlands Gravel, where both companies are signatories to the ILUA.

Native Title Provisions

Right to negotiate provisions do not apply

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.

Background to the Agreement:

Native Title in the ILUA Area

The Bulganunna Aboriginal Corporation administers land on trust for the Jangga people. In a consent determination on 9 October 2012, the Federal Court recognised the exclusive and non-exclusive native title rights of the Jangga People in an area spanning approximately 20,350 square kilometres in Central Queensland.

The claim was first filed in 1998 with an application for determination of native title lodged over an area west of Mackay, between the Leichhardt Range and the Great Dividing Range. This application was accepted for registration in 2000.

The Federal Court recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland.

At the special Federal Court sitting at Glenden, Justice Rares congratulated the parties on achieving a 'mutually satisfactory result.'

Natural Resources and Mines Minister Andrew Cripps said today's decision reaffirmed the Jangga People's affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.

'This Native Title Consent Determination recognises the Jangga People's exclusive native title rights and non-exclusive rights to access, hunt, fish and gather within the determination area in accordance with their traditional laws and customs,' Mr Cripps said (The Honourable Minister Cripps, Media Release, 2012).

Jangga elder Col McLennan said the decision would greatly benefit his people.

"A lot of things are going to be bigger and better for the Jangga people and all the other traditional owners around the Jangga clan." (ABC News 2012)

The Determination Area includes 218 parcels of land comprising of reserves, national park, unallocated State land, pastoral holdings and lease land.

A number of Indigenous Land Use Agreements (ILUAs) have been entered into as a result of the determination. The ILUAs will establish how native title rights and interests will be exercised in the Determination Area, providing a framework for managing cultural heritage issues, future activities, and use and access arrangements.






Related Entries

Agreement
  • McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082
  • Organisation
  • Bulganunna Aboriginal Corporation (PBC and RNTBC) - Signatory
  • Central Highlands Gravel Pty Ltd - Signatory
  • Jangga Operations Pty Ltd - Signatory
  • Capricorn Bulk Haulage Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Forestry Act 1959 (Qld)
  • People
  • Jangga People

  • Documents

    Document
    Jangga People/Clermont Group Quarry Indigenous Land Use Agreement (ILUA) - Examples of Project Activities - ( PDF)
    Jangga People/Clermont Group Quarry Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Proprietary Company | Body Corporate Agreement (Australia) | Native Title Representative Body (NTRB) (Australia) | Aboriginal Corporation (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act Determination Application (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Joint Venture Agreement | Legislation | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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