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Birri and Kudjala Peoples Joint Indigenous Land Use Agreement (ILUA) - Exploration Permit Backlog Project

Date: 23 February 2004
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:East South-East of Charters Towers
State/Country:Queensland, Australia
The agreement area is approximately 830 square kms. It is located approximately 30 kmseast south-east of Charters Towers, Queensland. It lies within the Burdekin and Dalrymple Shire Councils local government areas and within the Townsville ATSIC region. The agreement area comprises EPMs 11386, 12118, 12124, 12155, 12160, 12372, 12766, 12830, 13157, 13158 and those parts of EPs 11581, 11602 and 11982 that lie within the boundary of the Kudjala People #2 native title claim (NNTT file no. QC01/1) as at the commencement date of the ILUA.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2003/039
Subject Matter:Compensation | Exploration | Future Act | Land Use | Mining and Minerals | Native Title
Summary Information:
In the Birri and Kudjala Peoples Joint Indigenous Land Use Agreement - Exploration Permits Backlog Project (the ILUA), the Birri and Kudjala Peoples 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 five 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 or Kudjala Peoples nor have 'breached any conditions 'relating to that EP.

On being granted a tenement, the explorers 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
  • Native Title and Indigenous Land Services (QLD) - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Birri People - Signatory
  • Kudjula People - Signatory

  • References

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


    Birri and Kudjala Peoples Joint Indigenous Land Use Agreement (ILUA) - Exploration Permit Backlog Project Map - ( Image | Thumbnail | PDF)


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

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