Teck Cominco Australia Pty Ltd/Flinders Diamonds Ltd/CLC Indigenous Land Use Agreement (ILUA)
|Date: ||17 April 2003|
|Date To: ||This agreement has now expired.|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||North east of Alice Springs|
|State/Country:||Northern Territory, Australia|
|This Indigenous Land Use Agreement (ILUA) covered the area of Exploration Licences 10364, 22443, 22446 and 22623, Mineral Claim 227 and the area of any 'extension, replacement, substitution, or renewal' of these tenements. These tenements cover parts of Perpetual Pastoral Leases 1122, 904, 989, 1032 and 1095 and the Sandover Stock Route (NT Portion 4331). The ILUA area comprised 1711.38 square kilometres and was located north-east of Alice Springs. It was not within any incorporated local government area, but did fall within the Alice Springs and Central Remote ATSIC regions.|
|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: DI2002/009|
|Payments:||Compensation - Article 6 of this ILUA stated that "The parties agree that compensation for the future acts will be made to the CLC [Central Land Council] for distribution to the Native Title Holders solely in accordance with the Exploration Agreement and the CLC and the Native Title Holders agree to accept the compensation under ILUA in lieu of any other compensation payable or determinable under Division 5 of Part 2 of the Act [the Native Title Act] to be paid by TECK."|
|Subject Matter:||Compensation | Cultural Heritage | Environmental Heritage | Exploration | Future Act | Land Use | Mining and Minerals | Native Title | Recognition of Native Title or Traditional Ownership|
|Summary Information: |
|The Teck Cominco Australia Pty Ltd/Flinders Diamonds Ltd/CLC Indigenous Land Use Agreement (ILUA) was agreed between Teck Cominco Australia Pty Ltd, Flinders Diamonds Ltd and the Central Land Council. The purpose of this ILUA was to allow Teck Cominco and Flinders Diamonds to explore the ILUA area for minerals, in line with the Exploration Licences that they had been granted. |
|Detailed Information: |
|Content of this ILUA|
This ILUA allowed for renewals of Teck Cominco and Flinders Diamonds' Exploration Licences, and also validated any future exploration activity in the agreement area. Without this ILUA, the grant of the Exploration Licences and any future exploration may have been invalid. They may also have attracted the right to negotiate and 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, leading to the inclusion of provisions for the following in the agreement:
'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 the ILUA were specified in a supplementary Exploration Agreement.
This ILUA was to be in force for 6 years from its date of registration (17 April 2003), or until the expiry of the last EL or EL renewal. The ILUA also set out processes for the extension of this time period and for the making of 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.