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Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 April 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Coober Pedy , South Australia , Australia
The Agreement covers about 4,680 sq km in the vicinity of Coober Pedy either side of the Stuart Highway in the State of South Australia. The Agreement Area comprises two (2) parts: 1. Area A Includes all parts of the Agreement Area except for those parts which form Area B. Area A includes the following Worked areas: - The area north/north-east of Shell Patch which includes the Whiskey diggings; - The area known as Crater; - The area known as Jasper Gully; - The areas known as Opal valley and Tee Valley; - Those parts of the area known as John Deere that are cleared for Mining Operations; and - The area known as Hans Peak. 2. Area B 'Area B' includes: - 50 metres either side of all minor creeks; - 200 metres from the treeline of all major creeks, namely, Yellow Bullock Creek, Cotton Bush Creek, Longs Creek, Eight Mile Creek, Sixteen Mile Creek and Thunderstorm Creek; - 200 metres radius from the edge of all Claypans, Swamps and Lakes, including salt lakes; - the Unworked area of John Deere; and - the mostly Unworked hill at or near Hans Peak. That part of Area B which is along the Stuart Range is a continuous linear area defined by a line 100 metres back from the top edge of the areas of escarpment, and where there is no escarpment as such, 100 metres back from where the gradient of the land starts to fall away in a generally easterly, north-easterly or south-easterly direction, and a line at the base of the areas of escarpment, or where there is no escarpment as such where the gradient of the land starts to level out, a line 100 metres out from those points. Area B is land and waters which have been identified as culturally sensitive for the Antakirinja Matu-Yankunytjatjara People and/or have not been cleared for Mining Operations by the Antakirinja Matu-Yankunytjatjara People in the surveys undertaken to prepare the Map. Area B includes areas of Aboriginal Heritage.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 April 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:SI2015/003
Subject Matter:Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=SI2015/003
Summary Information:
The Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA) Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- The Attorney-General for the State of South Australia;

- Antakirinja Matu-Yankunytjatjara Aboriginal Corporation (AMYAC); and

- Minister for Mineral Resources and Energy.

The purpose of the Agreement is to provide consent for the doing of certain acts including mining operations.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 28 April 2015.

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

The Extract does note, however, that the Agreement commences in effect from the Registration Date. The Agreement will continue until the date on which details of the Agreement are removed from the Register, pursuant to s199C of the Native Title Act

Native Title Provisions

Validation of Precious Stones Tenements

The parties to the Agreement agree to the validation of current or expired Precious Stones Tenements registered under section 20 of the Opal Mining Act 1995 (SA). Those Tenements were invalidated as a consequence of the operation of the Native Title Act.

Validation of Mining Operations

To the extent that any Mining Operations within the Agreement Area conducted under a Precious Stones Prospecting Permit prior to 28 April 2015 were invalid because of the Native Title Act, the parties agree to the validation of those Mining Operations.

The effect of validation is to render those acts valid. Those acts are taken always to have been valid.

The parties consent to the doing of certain acts or activities in the Agreement Area after 28 April 2015, subject to certain conditions.

Right to Negotiate

Subdivision P of Part 2 of Division 3 and any approved alternative scheme under section 43(1) of the Native Title Act, including Part 7 of the Opal Mining Act, is not intended to apply to the acts or activities consented to by the parties.

Clause 12

The Antakirinja Matu-Yankunytjatjara Aboriginal Corporation and Antakirinja Matu-Yankunytjatjara People consent to the following:

- the registration of Precious Stones Tenements per section 20 of the Opal Mining Act; and
- the renewal of Precious Stones Tenements per section 22 of the Opal Mining Act

within Area A to any person or corporation who has executed an Acceptance Deed and provided it to the Mining Registrar.

Clause 13

The Antakirinja Matu-Yankunytjatjara Aboriginal Corporation and Antakirinja Matu-Yankunytjatjara People consent to Mining Operations occurring within Area A. Those Operations are pursuant to a Precious Stones Prospecting Permit where an Acceptance Deed has been executed and provided to the Mining Registrar.

Clause 15

The Antakirinja Matu-Yankunytjatjara Aboriginal Corporation and Antakirinja Matu-Yankunytjatjara People consent to the rehabilitation of land affected by Mining Operations occurring within the Agreement Area. Rehabilitation is permitted to the extent that it is a Future Act.

Native Title within the Agreement Area

On May 11th 2011, Justice John Mansfield made a consent determination recognizing the Antakirinja Matu-Yankunytjatjara People's non-exclusive native title rights and interests to land that lies in the Coober Pedy Area region and covers over 78, 672 sq km to the north of Port Augusta.

The Antakirinja Matu-Yankunytjatjara native title claim was filed with the Federal Court in 14/11/1995 (Federal Court: SAD6007/98) on behalf of the Antakirinja Matu-Yankunytjatjara claimants who identify as Kokatha, Barngarla and Wirangu peoples. The claim was finalised through mediation which resulted in the amendment to a previous claim (Biringa) and the withdrawal of a number of overlapping claims.

Related Entries

Organisation
  • Coober Pedy District Council
  • The District Council of Coober Pedy
  • Antakirinja Matu-Yankunytjatjara Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Opal Mining Act 1995 (SA)
  • People
  • Attorney-General for the State of South Australia - Signatory
  • Minister for Mineral Resources Development (South Australia) - Signatory
  • Antakirinja Matu-Yankunytjatjara People

  • Documents

    Map
    Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA) Map and description of area - ( PDF)
    Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA) Schedule 4 - ( PDF)
    Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA) Hans Peak - ( PDF)
    Coober Pedy Precious Stones Field Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | 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) | Native Title (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia) | Native Title Applications/Claims (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Claimants (registered) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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