ATNS - Agreements, Treaties and Negotiated Settlements project

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Ewamian People Exploration Permit Backlog Project Indigenous Land Use Agreement (ILUA)
Date:	16 May 2003
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	West of Townsville
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State/Country:	Queensland, Australia
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	This ILUA covers several areas located around the towns of Mount Surprise, Georgetown, Forsayth, Einsleigh, Frewhurst and Gilberton and, in total, cover an area of about 3,650 square kilometres. The areas cover Exploration Permits EPM12254, EPM12976, EPM12574, EPM11567, EPM12309, EPM11693, EPM12107, EPM12934, EPM13072, EPM12710, EPM12709, EPM12513, EPM11879, EPM11880, EPM11707, EPM12884, EPM12194, EPM11954, EPM12439, and EPM13101. The ILUA lies within the Etheridge Shire Council area and the Cairns & District ATSIC region.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: QI2002/060
Subject Matter:	Mining and Minerals \| Native Title \| Cultural Heritage \| Future Act \| Native Title \| Exploration \| Land Use
Summary Information:
In the Ewamian People Exploration Permit Backlog Project Indigenous Land Use Agreement the Ewamian People have agreed to the grant of Exploration Permits (EPs) and Mineral Development Licences (MDLs) by the State of Queensland. The right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to these grants. This will enable the backlog of applications for tenements in the agreement area, made to the State by grantees, to be processed without requiring the longer timeframes of the right to negotiate process that would otherwise apply. EPs may be granted to an 'Explorer' for up to 5 years, subject to a set of 'Native Title Conditions' specified in the agreement and provided that the Explorer has paid the compensation amount required under the agreement. Explorers may be granted an MDL subject to the same provisions, as long as they have also been granted an EP under the ILUA and do not have any 'outstanding dispute' with the Ewamian People nor have 'breached any conditions' relating to that EP. On being granted a tenement, the grantees may conduct 'Exploration Activities' in the area. EPs and MDLs granted under the ILUA may be renewed, provided they remain subject to the conditions of the agreement. The agreement also sets out processes for explorers to follow if they have 'cultural heritage finds' and processes for the native title party to follow to obtain access to the area. An 'Exploration Liaison Committee' is also set up through the ILUA.