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Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 August 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Proserpine, Queensland, Australia
Agreement covers about 409 sq km approx 120 km and 236 km south west of Proserpine in the State of Queensland. The ILUA Area covers all land and waters within the native title determination QUD6230/98 Jangga People (QCD2012/009).
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 January 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/065
Subject Matter:Housing, Construction and Infrastructure | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/065
Summary Information:
Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Adani Mining Pty Ltd;

- Bulganunna Aboriginal Corporation RNTBC; and

- State of Queensland, Aboriginal and Torres Strait Islander Land Services, Department of Natural Resources and Mines.

The purpose of the Agreement is to provide consent for Project Activities, including Future Acts, to occur within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 5 January 2015.

The Extract does not provide a specific start or end date for the Agreement.

The Extract does note, however, that the Agreement commences on the Execution Date, being 6 August 2014. The Agreement will operate for the duration of the Project Activities.

Native Title Provisions

Future Acts

The Parties to the Agreement consent to:

(a) all Future Acts and Surrenders necessary for the construction, operation and maintenance of up to three (3) Rail Corridors;
(b) any other Surrender that is necessary for the Project to proceed. This may include where Adani (or any Related Bodies Corporate or third party or parties nominated by Adani) requires a Grant or Grants of fee simple, perpetual lease or other tenure
wholly inconsistent with the continuation of Native Title;
(c) the Project Activities (including the doing of all Future Acts and the validating of any Future
Acts undertaken after the Execution Date that would otherwise have been invalid); and
(d) all Future Acts that are necessary for the construction, operation and maintenance of the Quarry Sites.

Surrender

The Parties to the Agreement acknowledge that the Surrender is intended to extinguish any Native Title existing in relation to the Surrender Area at the time of the Surrender.

Right to Negotiate

The Parties to the Agreement agree that the Right to Negotiate does not apply to any Project Activities or any Surrender covered by the Agreement.

Project Activities

The Project Activities include all acts (including Future Acts) necessary for the Project. This includes all acts executed by, for, on behalf of or for the benefit of Adani or any Related Bodies Corporate of Adani or any third party or third parties nominated by Adani which are necessary for investigating, implementing,
developing, constructing, installing, operating, maintaining, repairing, replacing, further developing and decommissioning the Project within, or in relation to, the Agreement Area including:
(a) the construction, operation and maintenance of up to three Rail Corridors;
(b) the construction, operation and maintenance of a Power Corridor;
(c) the construction, operation and maintenance of roads, haul roads, bridges, groin walls, electricity transmission lines, telecommunication lines, communication facilities, quarries,
borrow pits, laydown areas, stockpiles, water pipelines, gas pipelines, sewerage pipelines, other utility infrastructure, navigational equipment or aids, office or accommodation buildings, camps and any other building or structures necessary for the Project;
(d) the clearing, management and rehabilitation of lands and waters and any flora and fauna contained therein;
(e) Surrenders;
(f) Grants of Approvals; and
(g) works comprising or associated with the matters referred to in paragraphs (a) to (f) of this definition.

Native Title in the ILUA Area

The ILUA Area covers all land and waters within the Native Title determination QUD6230/98 Jangga People (QCD2012/009).

Related Entries

Agreement
  • Bulganunna Aboriginal Corporation and Adani Mining Carmichael Coal Mine and Rail Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Bulganunna Aboriginal Corporation (PBC and RNTBC) - Signatory
  • Adani Australia Company Pty Ltd - Signatory
  • Adani Mining Pty Ltd - Signatory
  • State of Queensland - Signatory
  • Whitsunday Shire Council
  • Isaac Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Jangga People

  • Documents

    Map
    Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Proprietary Company | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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