ATNS - Agreements, Treaties and Negotiated Settlements project

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BHP Minerals Pty Ltd Central Land Council Indigenous Land Use Agreement (ILUA)
Date:	19 November 2001
Date To:	This agreement has now expired.
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	South of Wave Hill
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State/Country:	Northern Territory, Australia
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	The area covered by this Indigenous Land Use Agreement (ILUA) comprised 4437.51 square kilometres of land in the north west of the Northern Territory. It included Exploration Licence applications 22556, 22557 and 22558, which are located on the Cattle Creek and Wave Hill Perpetual Pastoral Leases, roughly 50 kms south of Wave Hill. The ILUA area did not fall within any incorporated local government area, but it did lie within the Garrak-Jarru 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: DI2001/003
Payments:	Compensation - The ILUA covers compensation for future acts done under the agreement, being the grant of all tenements. The full terms and conditions of the ILUA, including the details of compensation, are not specified in the extract from the Register of Indigenous Land Use Agreements.
Subject Matter:	Cultural Heritage \| Environmental Heritage \| Exploration \| Future Act \| Land Use \| Native Title \| Recognition of Native Title or Traditional Ownership
Summary Information:
The BHP Minerals Pty Ltd Central Land Council 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 for the exploration for minerals by BHP in line with the Exploration Licences (ELs) that it had been granted over an area south of Wave Hill.
Detailed Information:
Contents of this ILUA This ILUA enabled the grant of three Exploration Licence applications. Without this ILUA, the grant of the ELs may have been invalid. It may also have attracted the right to negotiate or 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, this 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 compensation. 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.