The ILUA covers the land and waters of Mining Lease 90108, which covers 55.53 hectares and is located south of Cloncurry, Queensland. The ILUA is situated within the Cloncurry Shire Council and the Gulf and West Queensland Indigenous Regional Council.
Registered with the National Native Title Tribunal
National Native Title Tribunal File No.: QI2004/036
The Bangku-Bangku Makiya Indigenous Land Use Agreement (ILUA) facilitates the grant of Mining Lease (ML) 90108 by the Queensland government to Exco Resources.
The agreement consents to Future Acts, namely:
- the grant of the ML to Exco;
- the conduct of mining activities under the ML;
- the renewal of the ML, provided that the terms of the agreement are followed; and
- the conduct of exploration activities.
The parties agree that the right to negotiate procedures of the Native Title Act 1993 (Cth) do not apply.
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 ILUA continues for the life of the ML and any subsequent renewals. The maximum length of the original ML is 25 years.