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Trekelano Term Lease Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 May 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South of Duchess, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA)comprises about 300 hectares over Lot 12 on Plan CW20 and former Lot 109 on Plan USL703, about 13 kilometres south of Duchess on the Duchess Chatsworth Road in the state of Queensland. The ILUA area falls within the jurisdiction of the Cloncurry Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 May 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/012
Subject Matter:Land Transaction
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.012/ILUARegisterExport.pdf
Summary Information:
The Trekelano Term Lease Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland, Barrick (Osborne) Pty Limited and Dorrie Prowse and others on behalf of the Yulluna People. The purpose of this ILUA is to provide consent for a series of future acts related to the grant of a term lease to Barrick (Osborne) Pty Ltd for the purposes of the Osborne mine.
Detailed Information:
Pursuant to this ILUA, the native title holders (being Dorrie Prowse and others on behalf of the Yulluna People) give their consent to the doing of the following future acts:

- the grant of the term lease to Barrick (Osborne) Pty Ltd, or to a related body corporate;
- the renewal, re-grant, re-making or extension of the term of the lease; and
- the conversion of the term lease into a freehold, and the grant of a deed of grant of freehold to Barrick (Osborne) Pty Ltd.

Surrender and extinguishment of native title rights

The native title holders also give their consent to the surrender of native title rights and interests over the ILUA area. They acknowledge that this surrender of native title is extended to extinguish native title rights and interests in the ILUA area for a period of time that is stipulated in Clause 2.4 of the agreement.

Non-extinguishment principle

The parties agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) applies to the future acts to which consent has been granted under this ILUA. This means that an act that would otherwise result in an extinguishment of native title will not have this effect. Instead, native title in the ILUA area will merely be suspended for the duration of the act.

Background on the Yulluna People and native title in the ILUA area

The Yulluna People are party to a number of claims for a determination of native title, but the majority of these have been either dismissed or withdrawn. The remaining claim is the Yulluna People claimant application, which was filed with the Federal Court of Australia on 1 June 2010 as proceeding QUD 189 of 2010.

This claim covers approximately 11,165 square kilometres of land in the Greater Mount Isa region in Queensland, and includes the ILUA area. The claim remains active, but has not proceeded to mediation.

This ILUA is one of several agreements that have been negotiated with the Yulluna People in relation to mining leases and access to land in the ILUA area (see Queensland Government Mining Journal, 22). It is intended to clarify native title issues with respect to leases in areas covered by the Osborne mine.

Related Entries

Organisation
  • State of Queensland - Signatory
  • Barrick (Osborne) Pty Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Dorrie Prowse and others on behalf of the Yulluna People - Signatory

  • References

    General Reference
    National Native Title Tribunal (14 May 2009) Extract from the Register of Indigenous Land Use Agreements - Trekelano Term Lease ILUA
    National Native Title Tribunal (11 February 2009) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements - Trekelano Term Lease ILUA
    National Native Title Tribunal (1 June 2010) Claimant Application Summary - Yulluna People
    Barrick (Osborne) Pty Limited Barrick (Osborne) Pty Limited Magnetite Project: Initial Advice Statement for Department of Infrastructure and Planning
    Publication
    Queensland Government Mining Journal (Autumn 2009) Indigenous Relations at Barrick Osborne Mine

    Documents

    Map
    Trekelano Term Lease Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Extinguishment (Australia) | Non-Extinguishment Principle | Native Title Claimants (registered) (Australia)

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