Jirrbal Herberton Project Indigenous Land Use Agreement (ILUA)
|Date: ||25 July 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 28 square kilometres of land in the vicinity of Herberton in northern Queensland. The ILUA area is situated southwest of Atherton and east of Irvinebank, and covers those parts of Exploration Permits 14016, 14741 and 16231 that are located west of the Atherton Herberton Road and the Wild River. The ILUA area falls within the jurisdiction of the Tablelands Regional Council. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 July 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No. QI2007/039|
|Subject Matter:||Land Use | Mining and Minerals|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between the following parties: |
North Queensland Metals Limited;
Walker Resources Pty Ltd;
Dianne Mining Corporation Limited; and
Gerald McKenzie and others on their own behalf and on behalf of the Jirrbal Native Title Parties.
The purpose of this ILUA is to provide consent for a range of 'Agreed Future Acts' in relation to North Queensland Metals' Herberton mining project.
|Detailed Information: |
|The Jirrbal Herberton Project 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 Bar-Barrum Herberton Project Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2007/040), which covers land claimed by the Bar-Barrum 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 Jirrbal Native Title Parties, on their own behalf and on behalf of the Jirrbal 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. These may include exploration permits, mining leases, licenses or other authorisations under the Mineral Resources Act 1989 (Qld) and other permits and approvals under various legislation.
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.
The decommissioning of the Herberton project and any necessary rehabilitation of the land impacted by the project.
The giving of consent to the abovementioned Agreed Future Acts includes agreement by the Jirrbal 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 Jirrbal People and native title in the ILUA area
On 8 October 2010, the Jirrbal People's native title rights over approximately 92,003 hectares of land and waters in the state of Queensland were recognised as part of three consent determinations by the Federal Court of Australia. The determination area is located in the vicinity of Ravenshoe and Herberton, and comprises 15 parcels of unallocated state land, 23 parcels of reserve land and 18 parcels of national park territory. It also includes the area covered by this ILUA.
In the determination area, the Federal Court recognised the Jirrbal People as having exclusive native title rights over 55.98 hectares of land, and non-exclusive access, camping, resource use and site maintenance rights over 91,947 hectares of land. With respect to water in the determination area, the Jirrbal People were recognised as having the right to hunt, fish and gather from, and take, use and enjoy, the water for personal, domestic and non-commercial communal purposes.
These three consent determinations were accompanied by four ILUAs that set out a framework for the exercise of native title rights and interests in the determination area. This ILUA is separate from these agreements, as it relates specifically to the Herberton project.