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Wangan and Jagalingou Aboriginal Communities Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 December 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: "The area subject to this agreement equates to the area of the Wangan & Jagalingou native title determination application QUD 85/04 and covers about 30,274 square kilometres, approximately 170 kilometres south west of Mackay in the vicinity of Clermont. The agreement falls within the Local Government Authorities of Barcaldine Regional Council and Central Highlands Regional Council."
Legal Status: Registered with The National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 September 2008. This is a Certified Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. : QI2008/019
Subject Matter:Housing, Construction and Infrastructure | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.019/ILUARegisterExport.pdf
Summary Information:
The Wangan and Jagalingou Aboriginal Communities Project Indigenous Land Use Agreement (ILUA)was agreed between Rio Tinto Coal Australia Pty Ltd (APPLICANT) and Janice Barnes, Jessie Driver, Owen McEvoy, Deree King and Patrick Fisher on their own behalf and on behalf of the Wangan and Jagalingou People.

The purpose of the ILUA is to provide consent for the conduct of mining operations under the authority of relevant mining leases and necessary associated infrastructure including rail, roads, accommodation villages, powerlines and water pipelines.

The ILUA states that it operates from its commencement date until:
1)all core activities are terminated permanently and the APPLICANT (Rio Tinto Coal Australia Pty Limited) gives notice to that effect;or
2)the date which is 8 calendar months after the Commencement Date, unless the agreement is registered on the register of ILUAs by such date; or
3)following the registration of this agreement on the Register, the date of cessation of such registration, whichever occurs first.
Detailed Information:
The Parties consent to:
•Project Rights, defined in the ILUA as grant of tenements permitting or relating to exploration or other production activities including other Future Acts, which are necessary or desirable for the conduct of the Project;
•the conduct of all activities required, permitted or contemplated under any of the Project Rights;
•all acts of Rio Tinto and the Project Entities that relate to the Native Title Claim Area;

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.

Related Entries

Organisation
  • National Native Title Tribunal
  • Rio Tinto Coal Australia Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Janice Barnes, Jessie Driver, Owen McEvoy, Deree King and Patrick Fisher on their own behalf and on behalf of the Wangan and Jagalingou People - Signatory
  • Wangan and Jagalingou People - Signatory

  • References

    General Reference
    National Native Title Tribunal (1 May 2009) Extract from the Regiter of Indigenous Land Use Agreement - Wangan and Jagalingou Aboriginal Communities Project Indigenous Land Use Agreement (ILUA)
    Rio Tinto Coal Australia Pty Ltd (1 May 2009) Clermont Mine

    Glossary

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

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