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Djungan Small Scale Miners Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 December 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 4,515 square kilometres of land north of Dimbulah and west of Mareeba.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 December 2015. This is a Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2015/040.
Subject Matter:Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/040
Summary Information:
The Djungan Small Scale Miners Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- the State of Queensland (the applicant);

- Ernest Burns, Lynette Geary, Maxwell Underwood, Karen Sanusi and Kate Higgins on their own behalf and on behalf of the Djungan People (Native Title Parties);

- Nguddaboolgan Native Title Aboriginal Corporation RNTBC (Nguddaboolgan PBC); and

- North Queensland Miners Association Incorporated (NQMA).

The purpose of the ILUA is to provide for certain mining related rights and interests to exist in the agreement area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 18 December 2015.

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

The ILUA Extract does state, however, that clauses 1 to 6 and 9 to 38 commence on the commencement date, being the date on which the last party signs the agreement, and clauses 7 and 8 commence on the registration date, being 18 December 2015.

Expiry

Subject to clauses 4.4, 7.1, 7.2, and 7.3, the agreement will expire on the expiring date, being 5 years from the registration date.

Clause 4.2 states that this agreement will continue to apply to Mining Tenements (i.e. a Prospecting Permit, Mining Claim, Exploration Permit, Mineral Development Licence or Mining Lease) that were granted in reliance on this agreement prior to the expiry date and Mining Tenements that were granted in reliance on this agreement prior to the expiry date and renewed pursuant to clause 7.4 before or after the expiry date.

Clause 4.3 states that where Native Title has been extinguished over the whole or part of the ILUA Area, the Aboriginal Cultural Heritage Protocol and the Aboriginal Cultural Heritage Finds Protocol apply.

Clause 4.4 states that the expiry date may be extended by 5 years if all parties agree.

Clause 4.5 states that if a party wishes to extend the expiry date in accordance with clause 4.4, that party will give notice to that effect to the other parties no later than 12 months before the expiry date.

Clause 4.6 states that no later than 1 month after receipt of a notice under clause 4.5, the other parties will notify the party who provided the notice, of their acceptance or non-acceptance of the extension.

Native Title Provisions

Right to Negotiate

Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth) (concerning the right to negotiate) does not apply to the doing of the Agreed Acts.

Agreed Acts

The parties consent to grant of the following in the ILUA area to a Grantee Party (a Grantee Party being a small scale miner who has made an application for a mining tenement and has executed an Opt in Deed):
- Prospecting Permits, with a Level 2 Environmental Authority if required under the Environmental Protection Act 1994 (QLD) (EPA);
- Mineral Development Licences with a Level 2 Environmental Authority;
- Mining Claims with a Level 2 Environmental Authority; and
- Mining Leases with a Level 2 Environmental Authority.

If the Native Title Protection Conditions (NTPCs) are a condition of the grant of an Exploration Permit with a Level 2 Environmental Authority the parties consent to the grant of an Exploration Permit to a Grantee Party.

The parties consent to the following relevant to a Mining Tenement, the grant of which was consented to under this ILUA:
- the grant of Ancillary Rights relevant to a Mining Tenement (these are a referable dam licence, a water pumping licence, and/or a tree clearing permit); and
- the renewal of a Mining Tenement over the same or smaller area; on the same terms and conditions; and for the same or shorter term, as the grant at the time of renewal, if the Grantee Party has complied with certain obligations dealing with the Grantee Party's compensation liability.

The parties consent to the rights attaching to the following Mining Tenements, the grant of which was consented to under this ILUA and made to a Grantee Party, being varied as follows:
- a Mining Lease may be varied by the addition of another mineral, the addition of an additional purpose, the addition of additional surface area, the consolidation of Mining Leases, and the variation of the land used as access in relation to the land the subject of a Mining Lease;
- a Mining Claim may be varied by the addition of another mineral, and the variation of the land used as access in relation to the land the subject of a Mining Claim; and
- a Mineral Development Licence may be varied by the variation of the land used as access in relation to the land the subject of a Mineral Development Licence, the addition of another mineral, and the addition of excluded land.

Processes to be followed by a Grantee Party who seeks a variation of a Mining Tenement are as follows:
- A Grantee Party who is seeking to rely on a consent must notify the Native Title Parties and the Nguddaboolgan PBC of the proposed variation and invite each of them to request a meeting if they wish to discuss the proposal, at least 20 business days prior to lodging the application seeking the variation (amendment application). If no request for a meeting is made within 10 business days of receipt of the notice the Grantee Party may lodge the amendment application together with evidence that the notice requirement has been satisfied, and a statutory declaration stating that no meeting has been requested and provide a copy of the amendment application to the Native Title Parties or the Nguddaboolgan PBC; and the parties agree that the consents become unconditional upon lodgement of the amendment application.
- If the Native Title Parties or the Nguddaboolgan PBC request a meeting, the Grantee Party will use its best endeavours to hold such a meeting within 10 business days of receipt of the request and the Grantee Party and the party requesting the meeting will conduct negotiations in good faith with a view to reaching agreement on the proposed variation.
- The Grantee Party agrees to give favourable consideration to a request by the Native Title Parties or the Nguddaboolgan PBC for an agreed contribution towards their reasonable costs in attending and participating in the meeting.
- If agreement to the proposed variation is reached the Grantee Party may lodge the amendment application together with evidence of the written agreement; and the parties agree that the consents become unconditional upon lodgement of the amendment application.
- If the parties do not reach agreement prior to a Right to Negotiate process being notified, the variations may be agreed during that process. The Grantee Party may also lodge the amendment application together with evidence of the written agreement; and the parties agree that the consents become unconditional upon lodgement of the amendment application.

Native Title in the ILUA Area

The Djungan People hold native title rights over the ILUA area. The native title rights of the Djungan People were recognised in the following consent determinations:
- Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801;
- Archer on behalf the Djungan People #2 v State of Queensland [2012] FCA 801;
- Archer on behalf of the Djungan People #3 v State of Queensland [2012] FCA 801; and
- Archer on behalf of the Djungan People #4 v State of Queensland [2012] FCA 801.

Related Entries

Agreement
  • Djungan People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA)
  • Djungan Small Scale Mining and Exploration Indigenous Land Use Agreement (ILUA)
  • Archer on behalf of the Djungan People #4 v State of Queensland [2012] FCA 801
  • Archer on behalf of the Djungan People #3 v State of Queensland [2012] FCA 801
  • Archer on behalf the Djungan People #2 v State of Queensland [2012] FCA 801
  • Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801
  • Djungan People & Australian Wildlife Conservancy Indigenous Land Use Agreement (ILUA)
  • Djungan People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Djungan People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Nguddaboolgan Native Title Aboriginal Corporation RNTBC - Signatory
  • North Queensland Miners' Association Incorporated - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Djungan People - Signatory
  • Ernest Burns and others - Signatory

  • Documents

    Document
    Djungan Small Scale Miners ILUA Extract - ( PDF)
    Djungan Small Scale Miners ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Aboriginal Corporation (Australia) | Consent Determination (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 Applicants | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | State Government | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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