Tumut Brungle Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 June 1999
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Around Tumut, west of the Australian Capital Terri, New South Wales, Australia
The ILUA covers an area of approximately 8500 square kilometres. The area spans from Coolac on the Hume Highway east to Lake Burrinjuck; south along the Brindabella and Fiery Ranges to near Yarrangobilly Caves; south west to the Murray River near Tintaldra; along the Murray River to Jingellic; and then north towards Gundagai, and then Coolac. The ILUA lies within the ATSIC regions of Binaal Billa and Queanbeyan, and the Shire Councils of Gundagai, Tumarumba, Tumut, Wagga Wagga, Yarrowlumla, Yass and Holbrook.
   
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: NIA1998/00
Subject Matter:Compensation | Cultural Heritage | Employment and Training | Land Use | Mining and Minerals | Native Title | Recognition of Traditional Rights and Interests
Summary Information:
The Tumut Brungle Indigenous Land Use Agreement (the ILUA) between Adelong Consolidated Gold Mines NL (ACG), the New South Wales Aboriginal Land Council and representatives of the Walgalu and Wiradjuri people, allows ACG to conduct mining operations for a minimum of 20 years over an area of land in the south east of New South Wales.

The Agreement contains the consent of the Walgalu and Wiradjuri people to the grant of mining tenements and estates (land) other than fee simple (freehold title) for the purposes of the mining operations. The mining operations include:
'(a) exploration;
(b) the mining of all minerals in any ore body;
(c) related activities including the development, testing, recovery, processing and transport of such minerals; and
(d) the rehabilitation of those areas disturbed by the operations referred to above'.
The parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished. However there are also provisions to allow for the granting of an estate in fee simple where, either this does not extinguish native title rights, or the consent to extinguish native title rights is obtained.

In return for their consent to the mining operations, the local Aboriginal groups receive shares in the company. The ILUA also contains provisions regarding employment opportunities, cultural heritage protection and environmental monitoring. This was the first agreement to be placed on the National Native Title Tribunal Register of Indigenous Land Use Agreements.

Related Entries

Organisation
  • National Native Title Tribunal
  • New South Wales Aboriginal Land Council - Signatory
  • Adelong Consolidated Gold Mines NL - Signatory
  • Gundagai Shire Council
  • Tumbarumba Shire Council
  • Tumut Shire Council
  • Wagga Wagga City Council
  • Yarrowlumla Shire Council
  • Yass Shire Council
  • Tumut Brungle Local Aboriginal Land Council
  • Holbrook Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Walgalu People
  • Wiradjuri People
  • Nurri Arnold Williams on behalf of the Walgalu People - Signatory
  • Reginald Russell for and on behalf of the Walgalu People - Signatory
  • Harold Freeman for and on behalf of the Wiradjuri People - Signatory
  • Sonia Piper for and on behalf of the Wiradjuri People - Signatory
  • Flo Grant for and on behalf of the Wiradjuri People - Signatory
  • Tumut Indigenous Community

  • References

    Media Release
    National Native Title Tribunal (1999) Tribunal Registers Nation's First Indigenous Land Use Agreement
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Tumut Brungle Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)