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Jervois Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 May 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Annexure A of the Agreement. For more information see the documents attached below.

State/Country:Northern Territory, Australia
The agreement area covers Jervois Station in Central Australia. The area is within the jurisdiction of the Central Desert Regional Council.
Legal Status: Registered with the National Native Title Tribunal ('NNTT') on the Registered of Indigeous Land Use Agreements on 3 May 2017. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no.: DI2016/003.
Subject Matter:Future Act | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2016/003
Summary Information:

The Jervois Project Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between:

  • Jinka Minerals Ltd;
  • Kentor Minerals (NT) Pty Ltd; and
  • Central Land Council.

The agreement area covers about 28 sq km, east of the Jervois Range, approximately 13 kilometres north of Plenty Highway.

The purpose of the agreement is to provide consent for exploration on the land, the grant of future mineral leases, renewal of the Exploration Licence, and access for carrying out mining activities and operations in the agreement area (including Jervois Mine).

The Native Title Representative Body for this area is Central Land Council.

Detailed Information:

Background to the Agreement

The Aboriginal Land Rights (Northern Territory) Act 1976 gives protection to the traditional owners of Aboriginal land and enables the Central Land Council to make agreements with mining companies which satisfy all the interested parties. An agreement for mining must be made to allow mining to proceed. The agreement area includes Jervois Mine, a development and expansion from the Jervois Base Metal Project.

Details of the Agreement

Agreement Area

The agreement area covers about28 sq km, east of Jervois Range, approx. 13 km north of Plenty Highway. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per 'Annexure A' of the Agreement. For more information see the attached documents.

Commencement and Termination

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from 3 May 2017. The ILUA terminates upon the expiration, cancellation or surrender of the Exploration Licence and Mineral Lease; or termination of the agreement.

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 future act provisions, as alternative consultation provisions are to be followed instead.

Future act provisions

The Extract notes that there are statements within the ILUA of the kind which are mentioned in ss 24EB(1) 24EBA(1) or (4) of the Native Title Act 1993 (Cth), triggering the consequences set out under these sections. The parties agree to the following acts:

  • the grant of a future Mineral Lease or Extractive Mineral lease;
  • the renewal, extension, re-grant or variation of the Exploration Licence and the Mineral Lease; and
  • the company (Jinka Minerals and Kentor Minerals) and its personnel carrying out the mining activities and mining operation in the agreement area.

For more information on what constitutes these agreed acts, see the documents attached below.

Native Title in the Agreement Area

The ILUA area is within the area of the native title application Andrew Reiff and Others v Northern Territory of Australia (Jinka Jervois Pastoral Leases). (FCA file no.: NTD16/2018, NNTT file no.: DC2018/002).


Related Entries

Organisation
  • Central Land Council - Signatory
  • National Native Title Tribunal
  • Jinka Minerals Ltd - Signatory
  • Kentor Minerals (NT) Pty Ltd - Signatory
  • Central Desert Regional Council
  • 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 DI2016/003 as at 03/08/2020 (Jervois Project ILUA) - ( Thumbnail | PDF)

    Glossary

    Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Native Title Registers | National Native Title Tribunal (NNTT) (Australia)

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