Kajeena Mining Company Pty Ltd #2 (Mt Cavenagh, Victory Downs and Umbeara) Indigenous Land Use Agreement (ILUA)
|Date: ||13 November 2002|
|Date To: ||This agreement has now expired. |
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||South of Erldunda|
|State/Country:||Northern Territory, Australia|
|The area covered by this ILUA was defined in the extract from the Register of Indigenous Land Use Agreements as 'those portions of the Mt Cavenagh, Victory Downs and Umbeara Perpetual Pastoral Leases (being PPL Nos. 1146, 1055 and 999 respectively) that were the subject of the Exploration Licences held by Kajeena or of any Exploration Licence subsequently granted by the Northern Territory Minister of Resource Development in regard to those applications.' The ILUA area was located south of Erldunda in southern central Northern Territory. It was made up of two parcels of land that bordered South Australia, one crossing the Stuart Highway and another being located east of the first. The ILUA was not within any incorporated local government area, but it did fall within the Papanya ATSIC region.|
|Legal Status: ||Removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 26 November 2010.|
|Legal Reference: ||National Native Title Tribunal File No: DI2002/005|
|Payments:||Compensation - The extract of this ILUA from the Register of Indigenous Land Use Agreements stated that as provided by Article 6 of the agreement, 'the parties agree that compensation for the future acts will be made to the Native Title Holders solely in accordance with the Deed for Exploration dated the 30th day of April 2002 and the Native Title Holders agree to accept the compensation under this ILUA in lieu of any other compensation payyable or determinable under Division 5 of Part 2 of the Act to be paid by the Exploration Company.'|
|Subject Matter:||Compensation | Cultural Heritage | Exploration | Future Act | Land Use | Native Title | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Kajeena Mining Company Pty Ltd #2 (Mt Cavenagh, Victory Downs and Umbeara) Indigenous Land Use Agreement (ILUA) was agreed between the Kajeena Mining Company and the Central Land Council. The purpose of this ILUA was to allow the Kajeena Mining Company to explore the agreement area for minerals, in line with the Exploration Licences that it had been granted over this area. |
|Detailed Information: |
|Contents of this ILUA|
This ILUA allowed for renewals of the Kajeena Mining Company's Exploration Licences, and also validated any future exploration activity in the area. Without this ILUA, the grant of the Exploration Licences and future exploration by Kajeena may have been invalid, or may have attracted the right to negotiate or the future act provisions of the Native Title Act 1993 (Cth).
The native title holders were represented by the Central Land Council in this ILUA. Their consent to the exploration was given subject to certain conditions. Accordingly, the ILUA included the following conditional provisions:
'procedures to minimise the environmental impact of exploration and to promote the rehabilitation of any part of the Area which has been subjected to exploration;'
'the protection of any native title rights and interests, including the protection of sacred sites;' and
The full terms and conditions of this ILUA were specified in a supplementary Exploration Agreement.
This ILUA was to be in force for 6 years from the date of registration (13 November 2002), or until the last EL or renewal of an EL expired. The ILUA also set out processes for extending this time period and for making amendments to the agreement.
Removal from the Register
This ILUA has now been removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements. It was removed under s 199C(1)(c)(i) of the Native Title Act 1993, which allows the removal of an ILUA from the Register if a party advises the Registrar in writing that the agreement has expired, and the Registrar believes, on reasonable grounds, that it has expired.