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Old May Downs Quarry Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 December 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Mount Isa, Queensland, Australia
The Agreement Area covers about 3.5 sq km, south of the Barkly Highway and about 53 km northwest of Mt Isa in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 March 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/001
Subject Matter:Exploration | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/001
Summary Information:
Old May Downs Quarry Indigenous Land Use Agreement (ILUA) is Body Corporate Agreement between:

- Indjalandji-Dhidhanu Aboriginal Corporation RNTBC;

- Lawlor Contracting Pty Ltd; and

- Dugalunji Aboriginal Corporation.

The purpose of this Agreement is to the granting of a permit to sell quarry material extracted from within the Agreement Area.
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 11 March 2015.

The Extract notes the Start Date of the Agreement as 27 December 2014. There is no End Date specified.

The Agreement commences on the Execution Date which is defined as the day on which the Agreement is executed by the Parties and if executed on different days, the later of those days.

Clause 5 of the Agreement commences on Registration, being 11 March 2015.

Subject to Clause 20.4 the Agreement operates until the cancellation, surrender or expiration of the Permit.

Native Title Provisions

The Parties to this Agreement consent to the Permit.

Permit

Permit is defined to mean the grant of a sales permit under sections 46 and 56 of the Forestry Act
1959
(Qld) by which the State agrees to sell and the Proponents agree to purchase Quarry Material, over the Agreement Area, together with any variation (other than to the Agreement Area), renewal, re-grant or re-issue of the sales permit.

'Quarry Material' has the meaning given in the Forestry Act 1959 (Qld).

Future Act

To the extent that the Permit is a Future Act, the Parties acknowledge that:
(a) Subdivision P of Division 3 of Part 2 of the Native Title Act (which deals with the right to negotiate) is
not intended to apply to the Permit; and
(b) the Non-Extinguishment Principle applies to the Permit.

The Native Title Party consents to the Proponents, their contractors, employees, servants and agents, accessing the Agreement Area to conduct activities pursuant to the Permit in accordance with the terms of the Agreement.

The Proponents are:
- Lawlor Contracting Pty Ltd (ACN 010 786 357, ABN 47 010 786 357); and
- Dugalunji Aboriginal Corporation (ICN 3057, ABN 28 441 600 811).

Native Title in the ILUA Area


Related Entries

Organisation
  • Mount Isa City Council
  • Indjalandji-Dhidhanu Aboriginal Corporation - Signatory
  • Lawlor Contracting Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Forestry Act 1959 (Qld)

  • Documents

    Map
    Old May Downs Quarry Indigenous Land Use Agreement (ILUA) ILUA Area - ( PDF)
    Old May Downs Quarry Indigenous Land Use Agreement (ILUA) Further Map - ( PDF)
    Old May Downs Quarry Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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