ATNS - Agreements, Treaties and Negotiated Settlements project

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Stuart Stage 2 Project Indigenous Land Use Agreement (ILUA)
Date:	5 August 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	West of Gladstone
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State/Country:	Queensland, Australia
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	The ILUA is located approximately eight kilometres west of Gladstone, in the Calliope Shire Council and the Gladstone City Council. The ILUA also falls within the Central Queensland Regional Council. The ILUA area covers the land and waters of Mineral Development Licence Application No 225, which consists of Mineral Development Licence No 177 and Mining Lease No 80003. The ILUA area extends approximately 18 kilometres in a north-westerly direction from the site west of Gladstone.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No.: QI2003/063
Subject Matter:	Exploration \| \| Mining and Minerals \| Native Title
Summary Information:
The Stuart Stage 2 Indigenous Land Use Agreement (ILUA) was signed to facilitate the grant of the Stage 2 Mining Lease to Queensland Energy Resources Limited (QERL) by the Queensland government. The mining lease forms the second stage of the Stuart Oil Shale Project, an oil shale mining and processing operation located 15 kilometres north of Gladstone.
Detailed Information:
The ILUA was made between QERL and the Port Curtis Coral Coast Native Title Claim Group, whose claim has been registered with the National Native Title Tribunal (QC01/29). The Gurang Land Council (Aboriginal Corporation) is also a party to the ILUA. Under the ILUA, the claimants and other parties consent to the grant of the Stage 2 Mining Lease (No 80003), Mineral Development Licence No 225, the Project Rights and the development and operation of the project. The Project Rights include: - the mining of oil shale and any associated earthworks; - the processing of oil shale and treatment of any by-products; - the construction of processing facilities, storage facilities and other buildings or structures; - the construction and operation of all necessary supporting infrastructure, such as powerlines, pipelines, roads, bridges and dams; - the construction and operation of port facilities; - the rehabilitation of the project site; and - any other works or activities associated with oil shale mining. The current application for the Mineral Development Licence is made by Southern Pacific Petroleum NL (Receivers and Managers Appointed) and Central Pacific Minerals NL (Receivers and Managers Appointed) (SPP/CPM). The ILUA acknowledges the consent of the parties to the assignment of any of the Project Rights from SPP/CPM to QERL. The parties agree that there will be no challenge made to the validity of the above grants or rights as detailed in the agreement. Furthermore, the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. No consent is given to the grant of any mining lease other than the Stage 2 Lease as listed in the ILUA.