printable versionPrint this page

Watershed Tungsten Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 13 December 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mt Elephant, Queensland, Australia
This ILUA covers about 64 square kilometres of land. It is located approximately 100 kilometres north west of Cairns in the vicinity of Mt Elephant and the Springhill homestead.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/070
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.070/ILUARegisterExport.pdf
Summary Information:
The Watershed Tungsten Project Indigenous Land Use Agreement was agreed between:

- Vital Metals Limited;

- Graham Brady, Desmond Brickey, Thomas Mitchell, Dell Riley, William Brady, Rodney Riley, Qawanji Ngurrku Jawiyabba Brady, Joseph Cummins, Derrick Henry Oliver, Roy Dennis Levers, Luke Cummins, Alwyn Lyall on their own behalf and for and on behalf of all Western Yalanji People; and

- North Queensland Land Council Aboriginal Corporation.

The purpose of this ILUA is to allow for the grant of application titles and certain future acts on the land, which will enable the development of a mine by Vital Metals.
Detailed Information:
Agreement Details
The Parties to this agreement consent to:
(i) the grant of the Application Titles;
(ii) consent to the Future Applications; and
(iii) confirm their consent to all Granted Titles and agree not to challenge the validity of Granted Titles on Native Title or any other basis.

Future Act Agreements
The parties further agree:
(a) to all Future Applications and the Application Titles. This includes agreement to sign documents and do all things that are required by the State or the Miner to facilitate all Future Applications and the grant of the Application Titles in accordance with all applicable laws.
(b) to lodge such documents with the relevant
(c) to consent immediately or agree to any court, tribunal, commission, Minister, adjudicator, official or other competent body
or authority authorising or making determinations that any Future Application and the Application Titles may be granted or carried out and to execute all documents necessary to permit their
grant or occurrence;
(d) not to oppose or make any objections in relation to any Future Application and the Application Titles and,if objections are made contrary to this Agreement, immediately to withdraw those objections upon request by the Miner; and
(e) to the Miner (and an employee, agent or contractor of the Miner) entering the ILUA Area with all necessary vehicles, machinery and equipment to carry out any works or any other activity authorised under a Future Application and the Application Titles and to exercise any other rights conferred by any Interest granted pursuant to a Granted Title, Future Application and the Application Titles.

According to a news report the package negotiated as part of the ILUA includes 'training and education bursaries, employment and small contracting opportunities, and the co-operative application of the local knowledge and experience for the establishment of a dedicated nursery for native trees and vegetation, in preparation for planting and rehabilitation of affected land as operations progress.' (Geological Survey of Iran).

Naive Title in the ILUA Area
Although the Western Yalanji People have been successful in having their rights recognised in two Consent Determinations (Western Yalanji Peoples and Western Yalanji Peoples #3), the land which this ILUA relates to does not fall under either of those determinations. There is currently no active native title claim over the area.

Related Entries

Agreement
  • Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors [1998] 1269 FCA (28 September 1998)
  • Riley v State of Queensland [2006] FCA 72
  • Organisation
  • National Native Title Tribunal
  • Vital Metals Limited - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Graham Brady and others on behalf of the Western Yalanji People. - Signatory
  • Western Yalanji People

  • References

    General Reference
    National Native Title Tribunal (NNTT) (13 December 2012) Extract from Register of Indigenous Land Use Agreements - Watershed Tungsten Project ILUA
    Article
    Geological Survey of Iran (9 April 2008) Vital agreement with traditional owners at Watershed

    Glossary

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

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey