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Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 October 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers approximately 3,553 square kilometres of land and is located 54 kilometres north of Miles. It extends north to Taroom and south to Wandoan.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 5 October 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no: QI2012/060
Subject Matter:Access | Future Act | Land Use | Mining and Minerals | Native Title | Oil and Gas
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Cockatoo_Coal_Limited_and_Iman_People_ILUA_QI2012_060.aspx
Summary Information:
The Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA) is an area agreement between:

- Cockatoo Coal Limited (applicant); and

- Iman People #2(QUD6162/98; QC97/55);

The purpose of this ILUA is to provide the coal company Cockatoo Coal Limited with the right to undertake certain activities on Iman country.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commences on the earlier of either the date on which the ILUA was executed or the date on which the ILUA is notified by the Registrar under section 24CH of the Native Title Act 1993 (Cth).

Agreement

The parties agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to the grant of the applicable authorisations or in relation to any of the other agreed acts.

The parties agree and consent to:

- the doing of the Project. The Project encompasses all activities, works and operations proposed or which may be undertaken in the ILUA area;

- the grant and implementation of the applicable authorisations;

-the doing of acts necessary or expedient to give effect to the Project and enable it to proceed;

- the Prior Acts and the validation of these Acts. Prior Acts are those above mentioned acts which were done prior to the registration of this ILUA.

The parties agree not to challenge the validity of any of these acts in the future.

Native Title history

The ILUA area falls within the Iman People #2 registered native title claim area, which was filed with the Federal Court of Australia as proceeding QUD 6162 of 1998 on 30 October 1997. The claim covers approximately 14,024 square kilometres of land and waters in central and south-western Queensland.

The Iman People #2 native title claim was not accepted for registration on 28 July 1999 due to failing to meet some of the procedural requirements pursuant to the registration test provisions of the Native Title Act 1993 (Cth). The claim was, however, later accepted for registration on 26 July 2002 after certain amendments were made. It currently remains in mediation.

The claimants in the Iman People #2 native title claim are also party to the Iman #2 and QCG Pty Limited Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/003).

Related Entries

Agreement
  • Santos, Petronas and Iman People #2 GLNG Indigenous Land Use Agreement (ILUA)
  • Iman People #2 and QGC Pty Limited Indigenous Land Use Agreement (ILUA)
  • Australia Pacific LNG and Iman People Indigenous Land Use Agreement (ILUA)
  • Iman People and Local Government Indigenous Land Use Agreement (ILUA)
  • Wandoan and Taroom Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Cockatoo Coal Limited - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Iman People # 2 Native Title Claim Group - Signatory
  • Iman People

  • References

    General Reference
    National Native Title Tribunal (05/10/12) Cockatoo Coal Limited and Iman People ILUA Extract

    Documents

    Document
    Cockatoo Coal Limited and Iman People ILUA Area Description - ( PDF)
    Cockatoo Coal Limited and Iman People ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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