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Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 November 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Bowen , Queensland, Australia
The Agreement Area covers about 1.7 sq km, south of Abbott Point and Guthalungra, and approx 20 km north west of Bowen in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 November 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/072
Subject Matter:Mining and Minerals
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/072
Summary Information:
Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) is an Body Corporate Agreement between:

- Adani Mining Pty Ltd;

- Kyburra Munda Yalga Aboriginal Corporation RNTBC; and

- State of Queensland, Aboriginal and Torres Strait Islander Land Services, Department of Natural Resources and Mines.

The purpose of the Agreement is to provide for the doing of certain Agreed Acts relating to the construction of a Rail line and other infrastructure within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 24 November 2014.

The Extract does not provide a specific start or end date for the Agreement.

The ILUA commence on the Commencement Date, being 16 September 2014. Subject to Clauses 9(i) and 17 the ILUA will operate for the life of the project.

Native Title Provisions

Consent

The parties to the ILUA agree and consent to:

- agreed acts;
- the validation of any agreed acts;
- any surrender; and
- the undertaking of the ILUA project.

Surrender

If Adani or a Third Party seeks an approval which cannot be granted unless a surrender occurs, then where the Agreement has been registered, surrender will occur immediately "before the approval is granted in relation to any native title rights and interest that exist within any part of the surrender area".

Adani mus also notify the Juru PBC of each surrender within ten (10) business days and provide a copy of the notification to the State at the same time.

The surrender is intended to extinguish any Native Title rights and interests.

Right to Negotiate

s24EB(1)(c) of the Native Title Act is not intended to apply to any agreed acts or any surrender from the registration date.

Agreed Acts

The Agreed Acts include:

- grant of any approvals with respect to the ILUA Project;
- undertaking any acts pursuant to approvals considered by Adani or a Third Party to be "necessary or desirable for, or incidental to, the undertaking of the ILUA Project";
- "the making, amendment or repeal of legislation, regulations, by-laws, ordinances (and similar acts) necessary or desirable for, or incidental to, the ILUA Project; and
(d) the validation of any of the acts referred to in paragraphs (a) to (c) above that take place
after the Commencement Date and prior to Registration,
and, for the avoidance of doubt, the Agreed Acts do not include:
(e) the Surrender or the Taking of Native Title; or
(f) any compulsory acquisition of Native Title Rights and Interests in relation to any part of the ILUA Area."

ILUA Project

The ILUA Project includes:

- planning, design, development, construction, operation and maintenance of the Rail Line;
- planning, design, development, construction, operation and maintenance of infrastructure or other facilties that Adani or any Third Party reasonably considered necessary or desirable;
- any acts incidental to or components of the operations.

Native Title in the ILUA Area

The Agreement Area includes all lands and waters within the Juru Determination Area. Juru Country is north from the Haughton River to Mt Gordon south of Bowen, east to the Barrier Reef and west to the Leichardt Range in North Queensland. This also include Cape Upstart National Park over which the Juru people hold native title rights.

Related Entries

Organisation
  • Whitsunday Shire Council
  • Kyburra Munda Yalga Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • Adani Mining Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)

  • Documents

    Map
    Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Map of ILUA Area - ( PDF)
    Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Description of ILUA Area - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Proprietary Company

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