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Aurukun Bauxite Development Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 February 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Weipa and Aurukun, Queensland, Australia
The Agreement Area covers about 2169 sq km of Cape York Peninsula, and is approximately 20 km south of Weipa and east of Aurukun in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 February 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2014/087
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=QI2014/087
Summary Information:
Aurukun Bauxite Development Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- Ngan Aak-Kunch Aboriginal Corporation (applicant); and

- Aurukun Bauxite Development Pty Ltd.

The purpose of this Agreement is to provide consent for the Aurukun Bauxite Development which involves mining of bauxite within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 25 February 2015.

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

The Extract does note, however, that Clauses 1 - 3, 5 and 6, 10, 26, 28, 32, 34 commence on the Commencement
Date.

The remaining Clauses (except for Clause 7) commence on the later of:
(a) the ABJV Assumption Date; and
(b) the Development Agreement Commencement Date.

Clause 7 commences on the date, after the last of the occurrence of the ABJV Assumption Date, the Development Agreement Commencement Date and the date that this Agreement is
Registered, being 25 February 2015.

The Agreement will terminate when the first of the following events occur:
(a) the Parties agree in writing to terminate the Agreement;
(b) the ABJV Assumption Date does not occur by 31 March 2015, or such later date as agreed in writing by the Parties;
(c) the Agreement has not been Registered by 31 December 2015, or such later date as agreed in writing by the Parties, and the ABJV (or, if the ABJV is not a party to the Agreement, ABD) electing by written notice to the other parties to terminate the Agreement on that basis, although it is under no obligation to do so;
(d) the commencement and then later termination of the Development Agreement; and
(e) Project Closure and the ABJV has, by written notice, notified the other parties to that effect.

If the Agreement is not registered by 31 December 2015, the ABJV (or, if the ABJV is not a party to the Agreement, ABD) must within 40 Business Days of that date, by written notice to the other parties, elect to either:
(a) terminate the Agreement; or
(b) continue the Agreement.

If the ABJV (or, if the ABJV is not a party to this Agreement, ABD) fails to comply with Clause 6.5 this Agreement (the preceding Clause), the Agreement will terminate on the date 40 Business Days 31 December 2015.

If the Agreement is not Registered by 31 December 2015 and has not been terminated pursuant to clauses 6.5(a) or 6.6, either ABD or NAK may request a meeting of the Parties to discuss whether the Agreement should be amended to facilitate its Registration and such amendments shall be made by the Parties in accordance with the terms of the Agreement.

If termination occurs, the Parties are obliged to do all things necessary to remove the details of the Agreement from the Register.

No breach of the Agreement by any Party will give any other Party a right to elect to terminate the Agreement, but that Party may exercise any other right or remedy otherwise available to it in respect of such breach.

Native Title Provisions

The Parties to the Agreement consent to the Project Interests and the undertaking of the Project to the extent that this involves the doing of Future Acts.

The Ngan Aak-Kunch Aboriginal Corporation (NAK) agrees to do all reasonable things, including signing any documents and providing any consents necessary to give effect to the Project, but at no cost to NAK.

The Extract notes specifically that NAK acknowledges that their consent for the Project to be undertaken constitutes the requisite statements for the purposes of sections 24EB(1)(b)(i) of the Native Title Act and regulation 7(5) of the ILUA Regulations to the doing of any of the acts.

The Aurukun Bauxite Joint Venture (ABJV) agrees:
(a) to only apply for the Grant of the Project Interests for the undertaking of the Project;
(b) not to conduct any activities, operations or practices outside the scope of the Project.

For the purposes of section 24EB(1)(c) of the Native Title Act and regulation 7(5) of the Regulations,
the Parties state that, if this ILUA is Registered, Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to the doing of the Project Interests.

The Project

The Project is defined to include:
(a) the extraction, transportation and processing of Bauxite on the areas described as the Agreement Area (Mining) and Agreement Area (Infrastructure) and includes the construction and operation of works, including, for example, mining equipment, electricity generation plants and related distribution infrastructure, pipelines, telecommunications infrastructure, water storage and distribution infrastructure, buildings, conveyors, roads or railways on land near Aurukun and
Weipa;
(b) the conduct of Exploration Activities for Bauxite in the Agreement Area other than the Agreement Area (Infrastructure);
(c) with a current mine plan of mining at a rate 10 million tonnes of Bauxite per annum and exporting of 6.6 million tonnes of beneficiated Bauxite per annum; and includes:
(d) the planning, design, development, construction, operation and maintenance of Infrastructure or other Infrastructure Facilities required or desirable for or to support the conduct
of the operations referred to in paragraphs (a) and (b) above; and
(e) a reference to each and every phase and component of the operations referred to in paragraphs (a), (b) and (c) above and activities related to, associated with or incidental to the
activities referred to in paragraphs (a), (b) and (c) above (including the phase of completing any Rehabilitation of those operations and terminating or surrendering the Project Interests).

The Project Interests

The Project Interests are defined to include:
(a) the Grant of a Mineral Development Licence and a Mining Lease in relation to the Agreement Area (Mining);
(b) the Grant of an Exploration Permit in relation to the Agreement Area;
(c) the Grant of a Mining Lease (Infrastructure) and the Grant of any other Approvals (or any other rights or interests) in relation to the Agreement Area (Mining) and the Agreement Area
(Infrastructure) necessary or desirable for or incidental to the conduct of the Project including:

(i) under relevant laws of the State and the Commonwealth;
(ii) the declaration, dedication, use and management or similar act of any part of the Agreement Area for reserve including road purposes;
(iii) the de-gazettal or similar act of any roads, reserves or other Crown land;
(iv) tenure under that Land Act and the Land Title Act 1994 (Qld) and any easements;
(v) any water licence, dam licence (but not in relation to any existing river system) or any other
Approval under the Water Act 2000 (Qld);
(vi) any Approvals related to or associated with any infrastructure or other Infrastructure Facilities including, but not limited to, power lines, water pipelines, gas pipelines, haul roads,
construction camps, buildings and roads; and
(vii) Approvals for dredging, spoil disposal or in relation to shipping and other port activities;

(d) the undertaking of any acts pursuant to the above Grants or acts considered by the ABJV as necessary or desirable for, or incidental to, the Project; and
(e) the making, amendment or repeal of legislation, regulations, by-laws, ordinances (and similar acts) necessary or desirable for, or incidental to, the Project, but, for the avoidance of doubt:
(f) the Project Interests do not include the Grant of any Mining Lease in relation to that part of the Agreement Area outside of the Agreement Area (Mining) unless otherwise agreed by the
Parties in accordance with clause 9 of this Agreement; and
(g) the Project Interests do not include any agreement by NAK or the Native Title Holders to the compulsory acquisition, or agreement to the surrender to the State, of Native Title Rights and Interests in relation to any part of the Agreement Area.

Non-Extinguishment Principle

The Parties to the Agreement confirm that, in accordance with section 24EB(3) of the Native Title Act, the
Non-extinguishment Principle applies to the Future Acts consented to.

Right to Negotiate

For the purposes of section 24EB(1)(c) of the Native Title Act and regulation 7(5) of the Regulations, the Parties state that, if this ILUA is Registered, Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to the doing of the Project Interests.

Background to the Agreement

For further information visit:
- http://www.dip.qld.gov.au/development-planning/aurukun-project.html
- http://www.miningaustralia.com.au/news/battle-continues-over-right-to-develop-cape-york-b

Native Title in the ILUA Area

The Agreement Area covers all the lands and waters within the Determination Area of:

- QUD6001/1998 Wik and Wik-Way Peoples (QCD2000/006);
- QUD6001/1998 Wik and Wik Way Native Title Determination No.2 (QCD2004/002);
- QUD6001/1998 Wik and Wik Way Native Title Determination No.3 (QCD2004/003); and
- QUD6001/1998 Wik and Wik Way Native Title Determination No.4 (QCD2004/004).

Related Entries

Agreement
  • Wik and Wik Way Native Title Group v State of Queensland [2009] FCA 789 (29 July 2009) (Determination No. 4)
  • Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096
  • Organisation
  • Aurukun Shire Council
  • Ngan Aak-Kunch Aboriginal Corporation RNTBC - Signatory
  • Australian Bauxite Development Pty Ltd - Signatory
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Aurukun Aboriginal Community
  • Wik and Wik-Way People
  • Anthony Kerindun & others on behalf of the Wik and Wik Way Native Title Claim Group
  • McNaught Ngallametta on his own behalf and on behalf of the Wik and Wik Way Peoples
  • Anthony Kerindun and others on their own behalf and for and on behalf of the Wik and Wik Way Peoples

  • Documents

    Map
    Aurukun Bauxite Development Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Aurukun Bauxite Development Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | 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) | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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