ATNS - Agreements, Treaties and Negotiated Settlements project

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Bar Barrum Small Mining Indigenous Land Use Agreement (ILUA)
Date:	12 March 2007
Date To:	16 September 2011
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Far North Queensland
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State/Country:	Queensland, Australia
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	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'The Agreement Area is located in far north Queensland in the vicinity of Mt Garnet, Petford and Dimbulah.' The area of the ILUA also falls within the jurisdiction of the Cairns & District Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 March 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2005/011
Subject Matter:	Exploration \| Mining and Minerals \| Native Title
Summary Information:
The Bar Barrum Small Mining Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland (APPLICANT); and Tom Congoo, John Wason, Layne Malthouse, Tennyson Kynuna, Lynette Burke and Jean Rosas on their own behalf and on behalf of the Bar Barrum People #2, #3, #4, #5, #6 and #7; North Queensland Land Council Native Title Representative Body Aboriginal Corporation; North Queensland Miners Association Incorporated; and Bar Barrum Aboriginal Corporation. The ILUA was registered on 12 March 2007. The purpose of the ILUA is to allow for small scale mining exploration and production. The ILUA states that it operates from 16 August 2006 until 16 September 2011.
Detailed Information:
The parties to the ILUA agree to the granting of a prospecting permit, as well as an exploration permit and mineral development licence should those be required. In addition, any of these mining rights or interests may be renewed under this agreement, provided they are subject to the same conditions as previous rights and interests. The ILUA stipulates certain requirements that are designed to ensure that the mining is kept to a small scale, including that the holder of a mineral development licence must not have similar interests in more than 150 hectares of land in Queensland at any one time. The parties also agree that compensation will be paid under this agreement. This ILUA includes agreement that 'future acts' may be done. The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to future acts, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid.