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Sarum Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 December 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Collinsville

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Whitsunday Regional Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 11 December 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2018/025.
Subject Matter:Access | Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/025
Summary Information:

The Sarum Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Glencore Coal Queensland Pty Limited and the Birriah Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The ILUA area covers about 53 sq km, adjacent to the intersection of the Bowen River and the Bowen Developmental Road, south of Collinsville.

The purpose of the agreement is to consent to the building and operation of a coal mine within the ILUA area.

The Native Title Representative Body for this area is North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Detailed Information:

ILUA area:

The ILUA area covers about 53 sq km, located adjacent to the intersection of Bowen River and the Bowen Developmental Road, approximately 23 km south of Collinsville. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Part A of Schedule 1 of the ILUA, as including the lands and waters within:

  • lot 3 on plan CP826172;
  • lot 618 on plan SP271121;
  • lot 11 on plan DK112;
  • lot 62 on plan SP248717;
  • Bowen River; and
  • Jack Creek, Basin Creek and any other creek in the Sarum Project Area over which the Birriah People were determined to hold native title rights and interests.
  • Commencement:

    The ILUA is binding from the date it was signed by all the parties, 3 August 2018. It has effect as an ILUA, and in relation to the agreed acts, from the date of registration on 11 December 2018.

    Termination:

    This ILUA will continue until the following events have taken place:

    • the Sarum Project is completed; and
    • all the rights and obligations under this ILUA are satisfied.

    Notably, the parties to this agreement may also choose to terminate the ILUA if Glencore Coal Queensland Pty Limited decides not to proceed with the Sarum Project before a mining lease is granted.

    Native Title Provisions:

    Right to negotiate

    The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the grant of rights related to the Sarum Project.

    Extinguishment

    The parties agree that the non-extinguishment principle applies. This means that any of the activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

    Future act provisions

    The parties consent to the doing of the following acts by the non-native title party:

    • the grant or issue of any rights, permits, authorisations, leases, titles, tenures, resource tenements, licences or approvals required for the efficient construction, development of the Sarum Project;
    • the re-grant, renewal, remaking or variation of the rights set out above;
    • the construction, development, and operation of a coal mine and associated petroleum production facilities within the area set out in Schedule 2 attached below ('Sarum Project'); and
    • the construction and operation of all buildings, structures, facilities, and infrastructure necessary or related to the operation of the Sarum Project mine.

    Native Title in the Agreement Area:

    This agreement is located within the area of the native title determination Miller on behalf of the Birrah People v State of Queensland [2016] FCA 271. (FCA file no.: QUD6244/1998, NNTT file no.: QCD2016/001).


    Related Entries

    Agreement
  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • National Native Title Tribunal
  • Birriah Aboriginal Corporation RNTBC - Signatory
  • Glencore Coal Queensland Pty Limited - Signatory
  • Whitsunday Regional Council
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/025 as at 11 December 2018 (Sarum Project ILUA). - ( Thumbnail | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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