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Moranbah North Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 8 October 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:
State/Country:Queensland, Australia
The ILUA area covers approximately 68 square kilometres of land and is located about 140 kilometres southwest of Mackay.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 October 2012. This is an area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2012/065
Subject Matter:Access | Exploration | Future Act | Land Management | Land Use | Mining and Minerals | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Moranbah_North_Project_ILUA_QI2012_065.aspx
Summary Information:
The Moranbah North Project Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Anglo Coal (Moranbah North Management) Pty Ltd;
- Barada Barna People;
- Wiri People Core Country Claim; and
- the State of Queensland acting through DERM.

The purpose of the ILUA is to provide the underground longwall mining operation, Moranbah North, with the right to undertake certain activities on Barada Barna and Wiri country.
Detailed Information:
Details of the agreement

Commencement

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

Future acts

The parties agree that Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, does not apply to any project rights or any agreed acts covered by the ILUA.

The parties agree and consent to:
- the doing of the project. The project is all activities, works and operations relating to coal exploration, mining, processing and transportation. It also includes all activities, works and operations relating to the construction, operation and maintenance of railway facilities, and the decommissioning and dismantle of railway facilities, in the ILUA area.
- the grant of the project rights and the implementation of those rights. The project rights includes the applicable authorisations, the additional surface area grants, and the lease.
- the surrender to the State of any Native Title in relation to the specific surrender area.
- the doing of any other act necessary or expedient to give effect to the project, any act necessary to enable the project to proceed and for it to be maintained and developed.

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

Native Title extinguishment

The parties agree that the surrender to the State of any Native Title is intended to extinguish any Native Title that may exist in relation to the surrender area.

Anglo American must notify the Native Title parties of the land or waters that will constitute the surrender area at least 30 days before the proposed grant of the lease, and the surrender will take effect.

The parties acknowledge and agree that the surrender of Native Title and the grant of the lease may take place in one or more stages.

Native Title in the ILUA Area

The Barada Barna People lodged an application for the recognition of native title rights and interests in 2008 over 16,440 square kilometres west of Rockhampton (Federal Court file no: QUD380/08; Tribunal file no: QC08/11). The claim has been registered (National Native Title Tribunal, Claimant application summary - Barada Barna People).

The Wiri People lodged an application for the recognition of native title rights and interests in 2006 over 5735.57 square kilometres in central Queensland (Federal Court file no: QUD372/06; Tribunal file no: QC06/14). The claim has been registered (National Native Title Tribunal, Claimant application summary - Wiri People Core Country Claim).

Related Entries

Organisation
  • Anglo Coal Australia Pty Ltd - Signatory
  • State of Queensland - Shareholder
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Barada Barna Kabalbara and Yetimarla People - Signatory
  • Wiri People - Signatory

  • 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) | Lease | Legislation | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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