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Birri Indigenous Land Use Agreement (ILUA) for Backlog Exploration Permits

Date: 11 December 2003
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Approximately 55 kms south-west of Bowen
State/Country:Queensland, Australia
The area of the ILUA is approximately 1629 sq kms and comprises those parts of Exploration Permits (Minerals) (EPMs) 12075, 12403, 12527, 13007, 12713, 13059 and 11982 which are wholly within the Birri People native title claim (National Native Title Tribunal File No: QC98/12). The ILUA is located approximately 55km south-west of Bowen in north east Queensland and lies within the Bowen, Burdekin and Dalrymple Shire Councils and within the Townsville ATSIC regional council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2003/032
  • Compensation - Clause 14.1 of the ILUA sets out conditions for compensation payments to the "Native Title Group" (the Birri People) for the grant of an EP or MDL made under the agreement.
  • Subject Matter:Exploration | Future Act | Mining and Minerals | Native Title
    Summary Information:
    In the Birri Indigenous Land Use Agreement for Backlog Exploration Permits, the Birri 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 Birri 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.

    Related Entries

  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • National Native Title Tribunal
  • Bowen Shire Council
  • Burdekin Shire Council
  • Dalrymple Shire Council
  • State of Queensland - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Allan Fisher and others, on behalf of the Birri People - Signatory
  • Birri People

  • References

    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name


    Birri Indigenous Land Use Agreement (ILUA) for Backlog Exploration Permits Map - ( Image | Thumbnail | PDF)


    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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