BHP Minerals Pty Ltd/CLC - Curtin Springs Indigenous Land Use Agreement (ILUA)
|Date: ||27 June 2002|
|Date To: ||This agreement has now expired.|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Northern Territory, Australia|
|The area covered by this Indigenous Land Use Agreement (ILUA) comprised 2528.7 square kilometres of land. It included Exploration Licence applications 22607, 22610 and 22611, which were located around Curtin Springs, roughly 50 kilometres east of Uluru in the Northern Territory. The ILUA area was not within any incorporated local government region, but it did fall within the Papunya 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: DI2001/006|
|Payments:||Compensation - The full terms and conditions of the ILUA, including the details of compensation for the grant of Exploration Licences, are not specified in the extract from the Register of Indigneous Land Use Agreements.|
|Subject Matter:||Compensation | Cultural Heritage | Environmental Heritage | Exploration | Future Act | Land Use | Native Title|
|Summary Information: |
|The BHP Minerals Pty Ltd/CLC - Curtin Springs Indigenous Land Use Agreement (ILUA) was agreed between BHP Minerals Pty Ltd and the Central Land Council. The purpose of this ILUA was to allow exploration for minerals by BHP in line with the Exploration Licences (ELs) that it had been granted over an area east of Uluru. |
|Detailed Information: |
|Contents of this ILUA|
This ILUA enabled Exploration Licence (EL) applications to be granted, and also validated any future exploration activity in the agreement area. Without this ILUA, the grant of the ELs may have been invalid, or it may 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. Accordingly, the ILUA included several conditional provisions regarding:
'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
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.