|This ILUA will terminate once North Queensland Metals' rights and interests in relation to the Herberton project are surrendered, canceled or discontinued. |
The Herberton project
This ILUA was entered into for the purposes of the Herberton project, for which North Queensland Metals was the proponent. This project includes the Baal Gammon mine and the Silver Valley treatment plant, and involves the mining and processing of copper, indium, silver, tin and other metals. The project also involves the undertaking of exploration activities in search of additional ore sources.
This ILUA is one of three Indigenous Land Use Agreements that were registered for the purposes of the Herberton project. These ILUAs are intended to set out a process for exploration and development in areas covered by Exploration Permits for Minerals. One of the other two ILUAs is the Jirrbal Herberton Project Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2007/039), which covers land east of Herberton that is claimed by the Jirrbal People. The other ILUA is the Joint Bar-Barrum Jirrbal Herberton Project Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2007/041), which covers land claimed by both the Jirrbal and the Bar-Barrum Peoples. According to a media release published by ABN Newswire, the registration of these ILUAs will facilitate the granting of the mining leases for the Herberton project.
Since the signing of this ILUA, North Queensland Metals has been taken over by Conquest Mining Limited. The takeover took place in May 2010.
Consent to 'Agreed Future Acts'
Pursuant to this ILUA, the Bar-Barrum Native Title Parties, on their own behalf and on behalf of the Bar-Barrum People, give their consent to the following 'Agreed Future Acts' within the ILUA area:
The grant to North Queensland Metals, Walker Resources and Dianne Mining of the right to any grant, permission, license, authorisation, permit, approval, interest or rearrangement of existing property boundaries in the ILUA area that may be necessary or desirable for the purposes of the Herberton project;
The construction, operation and maintenance of the Herberton project and all works that are either required for the purposes of the project or incidental to it;
The implementation and operation of the Herberton project; and
The decommissioning of the Herberton project and any necessary rehabilitation to the land impacted by the project.
The giving of consent to the abovementioned Agreed Future Acts involves the agreement by the Bar-Barrum Native Title Parties that they will take reasonable steps to enable the doing of these acts, and refrain from objecting to or doing anything to prevent or delay the doing of these acts.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the Agreed Future Acts outlined above.
Background on the Bar-Barrum People and native title in the ILUA area
The Bar-Barrum People were the unregistered native title claimants in the proceeding Congoo v Queensland  FCA 868 (Federal Court File No. QUD 6222/98), which was finalised with a full approved determination by the Federal Court of Australia on 28 June 2001. This consent determination recognised the Bar-Barrum People as having native title rights and interests over 316.4 square kilometres of land to the west and southwest of Herberton in far north Queensland. It was the first native title determination in Queensland to cover reserves and unallocated State land.
The Bar-Barrum People's native title rights and interests are administered by the Bar-Barrum Aboriginal Corporation, which is a signatory to this ILUA.