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Western Yalanji Small Scale Miners Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Mossman, Queensland, Australia
Agreement covers about 7500 sq km between Lakeland in the north to the Mitchell River in the south, in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 April 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/080
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Western_Yalanji_Small_Scale_Miners_ILUA_QI2013_080.aspx
Summary Information:
The Western Yalanji Small Scale Miners Indigneous Land Use Agreement (ILUA)was agreed between:

- the State of Queensland;

- William Steven Brady, Graham Brady, Desmond Brickey (Brickie), Thomas Mitchell and Dell Riley on their own behalf and on behalf of the Western Yalanji People;

- Western Yalanji Aboriginal Corporation; and

- North Queensland Miners Association Incorporated

on 23 April 2014.

The purpose of this Area Agreement is to provide consent to the granting of mineral development licences, mining claims and leases and prospecting permits over the Agreement Area.
Detailed Information:
Details of the Agreement

Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 23 April 2014.

The Extract does not note a specific start or end date for this Agreement.

The Extract notes that clauses 1 - 6 and 9 - 38 of the Agreement commence on the Commencement Date. The Commencement Date is defined as the date upon which the the last party to the Agreement signs the Agreement.

Additionally, clauses 7 and 8 commence on the Registration Date, being 23 April 2014.

Expiry

The Extract notes that (subject to clause 4.4), clauses 7.1 - 7.3 expire on the Expiry Date. The Expiry Date is defined as the date five years from the Registration Date, being 23 April 2014.

Clause 4.4 of the Agreement states that the Expiry Date may be extended for a further period of five (5) years if all parties agree. To do so, parties must give notice to the other parties no later than twelve (12) months before the Expiry Date. Moreover, a party in receipt of such notice must, no later than one (1) month after, notify the other parties of their acceptance or non-acceptance of the extension.

Native Title Provisions

The parties consent that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) is not intended to apply to the Agreed Acts.

The Agreed Acts are outlined in clauses 7 and 8 of the Agreement.

Under clause 7, the parties consent to the grant of a number of licences and permits over the Agreement Area, including:

(a) Prospecting Permits with a Level 2 Environmental Authority if required under the EPA;
(b) Mineral Development Licences with a Level 2 Environmental Authority;
(c) Mining Claims with a Level 2 Environmental Authority; and
(d) Mining Leases with a Level 2 Environmental Authority, to a Grantee Party.

Additionally, the parties consent to the grant of Ancillary Rights relevant to a Mining Tenement the grant of which was consented to under the Agreement.

The parties also provide consent to the renewal of the Mining Tenements.

Clause 8 of the Agreement concerns amendment to mining tenements. The clause provides consent (subject to clauses 8.4 - 8.9) for a range of amending acts, including the:

(a) addition of another mineral;
(b) addition of an additional purpose;
(c) addition of additional surface area;
(d) consolidation of Mining Leases; and
(e) variation of the land used as access in relation to the land the subject of a Mining Lease.

Additionally, the parties consent to the rights attaching to Mining Claims being varied as follows:

(a) addition of another mineral;
(b) variation of the land used as access in relation to the land the subject of a Mining Claim.

The parties also consent to the rights attaching to Mineral Development Licences being varied as follows:

(a) variation of the land used as access in relation to the land the subject of a Mineral
Development Licence; and
(b) addition of another mineral;
(c) addition of excluded land.

Broadly, clauses 8.4 - 8.9 outline requirements the Grantee Party must fulfill.

8.4 requires that the Grantee must notify the native title parties and the Western Yalanji PBC of the proposed variation and invite each of
them to request a meeting if they wish to discuss the proposal, at least twenty (20) Business
Days prior to lodging the application seeking the variation.

Under clause 8.5, where there no request for a meeting is made within ten (10) Business Days of receipt for the notice:

(a) the Grantee Party may lodge the Amended Application together with evidence that the notice
requirement in clause 8.4 has been satisfied, and a statutory declaration stating that no meeting
has been requested and provide a copy of the Amendment Application to the Native Title Parties
or the Western Yalanji PBC; and

(b) the Parties agree that the consents referred to in clause 8.1 to 8.3 become unconditional
upon lodgement of the Amendment Application.

Where the Native Title Parties or the Western Yalanji PBC request a meeting, clause 8.6 provies that the Grantee Party must use its best endeavours to hold such a meeting within ten (10) Business Days of receipt of the request and the Grantee Party and the party requesting the meeting will conduct negotiations in good faith with a view to reaching agreement on the proposed variation.

Clause 8.7 requires the Grantee Party to give favourable consideration to a request by the Parties or the Western Yalanji PBC for an agreed contribution towards their reasonable costs in
attending and participating in the meeting referred to in clause 8.6.

Where an agreement referred to in clause 8.6 to the proposed variation is reached, clause 8.8 provides that:

(a) the Grantee Party may lodge the Amendment Application together with evidence of the written agreement; and

(b) the Parties agree that the consents referred to in clauses 8.1 to 8.3 become unconditional
upon lodgement of the Amendment Application.

Where the Parties do not reach agreement referred to in clauses 8.6 prior to a Right to Negotiate
process being notified, clause 8.9 states that the variations may be agreed during that process and clause 8.8 will apply to the agreement.

Native Title in the ILUA Area.

The Agreement Area covers land inclusive of the determined claim of Western Yalanji People #3, Western (Sunset) Yalanji, as well as lands subject to native title determination applications:

- QUD6008/99 Western Yalanji People 4 &
- QUD6003/01 Western Yalanji Combined #5 and #7.


Related Entries

Agreement
  • Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors [1998] 1269 FCA (28 September 1998)
  • Organisation
  • State of Queensland - Signatory
  • Western Yalanji Aboriginal Corporation - Signatory
  • North Queensland Miners' Association Incorporated - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Mineral Resources Act 1989 (Qld)
  • Environmental Protection Act 1994 (Qld)
  • People
  • Western Yalanji People - Signatory

  • Documents

    Map
    Western Yalanji Small Scale Miners Indigneous Land Use Agreement (ILUA)Map of Agreement Area - ( PDF)
    Western Yalanji Small Scale Miners Indigneous Land Use Agreement (ILUA)Extract - ( PDF)
    Western Yalanji Small Scale Miners Indigneous Land Use Agreement (ILUA)Written Description of Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Native Title Claimants (unregistered) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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