ATNS - Agreements, Treaties and Negotiated Settlements project

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Powercoal Pty Ltd, Victor Perry, Stephen Seiver & NSW ALC ILUA Area Agreement Indigenous Land Use Agreement (ILUA)
Date:	29 August 2001
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South west of Newcastle
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State/Country:	New South Wales, Australia
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	The area covered by the agreement is located about 20 kms south west of Newcastle and in the vicinity of Lake Macquarie and covers an area of about 87 sq kms. The agreement area falls within the local government area of the City of Lake Macquarie.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: NIA2000/001
Subject Matter:	Exploration \| Future Act \| Mining and Minerals \| Native Title
Summary Information:
The Powercoal Pty Ltd, Victor Perry, Stephen Seiver and New South Wales Aboriginal Land Council (NSW ALC) Indigenous Land Use Agreement (the ILUA) enables Powercoal to carry out coal mining operations in an area near Lake Macquarie. In the Agreement the native title parties, Victor Perry on behalf of the Wonnarua People and Stephen Seiver (both represented by the New South Wales Aboriginal Land Council (NSW ALC)), consent to all future acts done 'for the purposes of the mining operations.' Mining operations are defined as including 'exploration, developing, designing, constructing, extracting, handling and transporting of coal and other products won from the underground coal mining operations' and 'any rehabilitation work' in the area of the Agreement. Powercoal may assign its rights (including obligations under the Agreement) to another party. The ILUA specifies that right to negotiate does not apply to any of the activities but the non-extinguishment principle does apply - this means that any native title rights and interests that exist over the area are not extinguished by the activities done under the Agreement.