Djungan Small Scale Mining and Exploration Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 November 2004
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:West of Cairns, Queensland, Australia
The ILUA area covers 4,530 square kilometres. The ILUA area is located approximately 60 kilometres west of Cairns and lies between the Burke and Peninsula Development roads. It falls within the area of the Mareeba Shire Council and the Cairns & District Regional Council.
   
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No. QI2003/045
Subject Matter:Compensation | Exploration | Future Act | Land Use | Mining and Minerals | Native Title
Summary Information:
The Djungan Small Scale Mining and Exploration Indigenous Land Use Agreement (ILUA) allows for the Queensland government to grant Exploration and Mining interests in the prescribed area. The ILUA provides certain terms and conditions which must be adhered to.

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this act any activity, such as a grant of land, that may affect native title rights is defined as a "future act" and must comply with the future act provisions of the act in order to be valid.

The parties to the ILUA agree that if the Federal Court determines that Native Title does not exist in any part of the Area (that is, native title is extinguished), the ILUA will not apply to the extinguished area.

The ILUA is to be in force for 5 years from the Commencement Date (17 May 2004). The ILUA will continue to apply to any Exploration Interests and Mining Interests granted or renewed in reliance on the ILUA.
Detailed Information:
The ILUA permits the grant of Prospecting Permits, Exploration Permits, Mineral Development Licences, Mining Claims and Mining Leases and the exercise of rights under such grants.

However, the ILUA stipulates certain conditions regarding the size and ownership of permits and licences. These include:
- Exploration Permits must comprise of 50 sub-blocks or less, and no more than 150 sub-blocks can be held at any time by a Grantee Party under Exploration Permit(s);
- Mineral Development Licences must comprise of 50 hectares or less, and no more than 150 hectares can be held at any time by a Grantee Party under Mineral Development Licence(s);
- Mining Leases must comprise of 50 hectares or less, and no more than 300 hectares can be held at any time by a Grantee Party under Mining Lease(s);
- A Grantee Party must not hold more than 2 Mining Claims at any time.

All grants must contain the relevant Native Title Conditions, and compensation must be paid by the Grantee Party.

Further to the above grants, the ILUA also allows for the grant of Ancillary Rights to a Grantee Party, such as dam licences, water pumping licences and/or tree clearing permits.

Related Entries

Organisation
  • National Native Title Tribunal
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • North Queensland Miners' Association Incorporated - Signatory
  • Executive Director, Native Title and Indigenous Land Services, Department of Natural Resources & Mines (QLD) - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation - Signatory
  • State of Queensland
  • Mareeba Shire Council
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Andrew Garrett and others for an on behalf of the Djungan People - Signatory

  • References

    Article
    Cyril Spann (2004) Small Scale Mining Project Update on Progress
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Djungan Small Scale Mining and Exploration Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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