Tanami Exploration NL / CLC - Harts Range Indigenous Land Use Agreement (ILUA)
|Date: ||5 September 2002|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Vicinity of Harts Range, northeast of Alice Spring|
|State/Country:||Northern Territory, Australia|
|The area of the ILUA covers the area of Exploration Licence applications 10142, 10158, 10302, 23185 and 23191 and Exploration Licence 10078, which cover portions of Ambalindum, Loves Creek and Mount Riddock Perpetual Pastoral Leases (PPL Nos. 1124, 995 and 989 respectively). The area is 1730.92 sq kms in size and is located in the central Australian vicinity of Harts Range, roughly 100 kms northeast of Alice Springs. The ILUA is not within any incorporated local government area. It is within the Papunya ATSIC region.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No: DI02/1|
|Payments:||Compensation - Article 6 of the ILUA states that "The parties agree that compensation for the future acts will be made to the Native Title Holders solely in accordance with the Deed and the Native Title Holders agree to accept the compensation under this 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 the Exploration Company"|
|Subject Matter:||Cultural Heritage | Native Title | Exploration | Future Act | Environmental Heritage | Land Use | Compensation|
|Summary Information: |
|The Tanami Exploration NL / CLC [Central Land Council] Indigenous Land Use Agreement (the ILUA) allows exploration for minerals under the terms of Exploration Licences (ELs) in an area north east of Alice Springs. The ILUA validates two previously granted ELs and four EL applications granted under the agreement. The ILUA also allows for renewals of the ELs and validates any future exploration activity in the area. Without this ILUA, the grant of the ELs and future exploration may have attracted the right to negotiate and been subject to the future act provisions of the Native Title Act 1993 (Cth) or may have been granted invalidly.|
The native title holders are represented by the Central Land Council in this ILUA. Their consent to the exploration is given subject to conditions. The ILUA includes the following conditional provisions:
'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
compensation. The full terms and conditions of the ILUA are specified in a Deed of Exploration supplementing the ILUA.
The ILUA is to be in force for 6 years from the date of registration (5 September 2002) or until the last EL or renewal of EL expires. As the ELs may be renewed, the ILUA sets out a notification and negotiation process for the extension and amendment of the agreement.