Teck Cominco Australia Pty Ltd / CLC Indigenous Land Use Agreement (ILUA)
|Date: ||17 April 2003|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||North east of Alice Springs, Northern Territory, Australia|
|The ILUA covers an area which is defined in the agreement as 'those portions of Yambah, Bond Springs and The Garden Perpetual Pastoral Leases (PPL No's 904, 960 & 1095 respectively) and that portion of Sandover Stock Route (being vacant Crown Land NT Portion 4331) that are within the boundaries of Exploration Licence No's. 22759 & 22761 held by TECK'. (See the map available via the Gallery link on this page). The ILUA is 589.286 square kilometres and is located north east of Alice Springs. It is not within any incorporated local government area but is within the Alice Springs and Central Remote ATSIC regions.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: DI2002/008|
|Payments:||Compensation - Article 6 of the ILUA states that "The parties agree that compensation for the future acts will be made to the CLC [Central Land Council] for distribution to the Native Title Holders solely in accordance with the Exploration Agreement and the CLC and the Native Title Holders agree to accept the compensation under ILUA in lieu of any other compensation payable or determinable under Division 5 of Part 2 of the Act [the Native Title Act] to be paid by TECK."|
|Subject Matter:||Native Title | Exploration | Environmental Heritage | Cultural Heritage | Mining and Minerals | Future Act | Recognition of Native Title or Traditional Ownership | Compensation | Land Use|
|Summary Information: |
|The TECK Cominco Australia Pty Ltd / CLC (Central Land Council) Indigenous Land Use Agreement allows Teck Cominco to explore the area of the ILUA for minerals, in line with the Exploration Licences they have been granted. The ILUA allows for renewals of the Exploration Licences and validates any future exploration activity in the area. Without this ILUA, the grant of the Exploration Licences and future exploration may have attracted the right to negotiate and been subject to the future act provisions of the Native Title Act 1993 (Cth) or have been granted invalidly.|
The native title holders are represented by the Central Land Council in this ILUA. Their consent to the exploration is given subject to conditions, with the inclusion in the ILUA of:
'procedures to minimise the environmental impact of exploration and to promote the rehabilitation of any part of the Area which has been subjected to exploration';
'the protection of any native title rights and interests, including the protection of sacred sites'; and
compensation. The full terms and conditions of the ILUA are specified in an Exploration Agreement supplementing the ILUA.
The ILUA is to be in force for 6 years from the date of registration (17 April 2003) or until the last EL or renewal of EL expires. The ILUA also sets out processes for the extension of this time and for making amendments to ILUA.