ATNS - Agreements, Treaties and Negotiated Settlements project

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Darumbal Area Indigenous Land Use Agreement (ILUA)
Date:	13 July 2007
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Central 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 ILUA area commences at longitude 149.755278 east, latitude 22.756111 south, then generally south-easterly, generally south-westerly and generally northerly through the following coordinate points back to the commencement point: Longitude (east) Latitude (south) 149.889167 22.756111 150.327222 23.010833 150.329444 23.093889 150.296111 23.094722 150.297500 23.150556 150.019722 23.156111 150.022222 23.274722 149.838889 23.278333 149.837500 23.215556 149.816944 23.215833 149.816111 23.181944 149.800556 23.182222 149.800000 23.114444 149.805278 23.066389 149.761389 23.061389 149.755278 22.756111 but excluding the areas within the Excluded Areas, as specified below. Excluded Areas For the purposes of this schedule, the Excluded Areas means each of the following areas: (a) Those areas subject to native title determination application QUD6004/01 Koinjmal People (QC01/4) as accepted for registration 14th May 2002. (b) the area subject to the following mining tenements: -ML80004 -ML80056-80065 -ML80073 -ML80074 -ML5772 -ML5780 -ML5791 -ML5792 -ML7577
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 July 2007. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2005/021
Subject Matter:	Access \| Mining and Minerals \| Native Title
Summary Information:
The Darumbal Area Indigenous Land Use Agreement (ILUA) was agreed between Alan Douglas Hatfield, Robert Michael Muir, Rodney WIlliam Mann, Warren John Malone and Vanessa Ross on behalf of the Darumbal People #1 Applicant and the above persons and Vivienne Roma and Louis Mann on behalf of the Darumbal People #2 (APPLICANT) and Marlborough Nickel Pty Ltd. The ILUA states that it commences on 11 July 2006, and was registered on 16 July 2007. The purpose of the ILUA is to provide consent for the access and development of the subject land for mining. The ILUA states that it commences on 11 July 2006, and ends at the point in time at which Marlborough Nickel no longer hold any rights in relation to the subject land.
Detailed Information:
The parties to the ILUA consent to the grant and renewal of all mining project rights (including all authorisations, approvals, consents, permits, licences, leases or other entitlements) in relation to the land that is the subject of this ILUA. This permission includes any renewals or extensions of any of these rights. 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.