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Wakka Wakka #2 and Tarong Indigenous Land Use Agreement (ILUA)

Date: 16 March 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Area surrounding Murgon
State/Country:Queensland, Australia
This ILUA covers land and waters in the state of Queensland, which fall within the jurisdiction of the Cherbourg Aboriginal Council, the Gympie Regional Council, the North Burnett Regional Council, the South Burnett Regional Council and the Western Downs Regional Council. The ILUA area had been the subject of native title determination application Wakka Wakka People No. 2 v State of Queensland, which was dismissed in the proceeding QUD6032 of 1999 by the Federal Court of Australia. The ILUA area excludes the areas covered by the claimant application of the Djaku-nde and Jangerie Jangerie Peoples to the Federal Court of Australia in the proceeding QUD6009 of 2000.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 September 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/027
Subject Matter:Mining and Minerals
Detailed Information:
The Wakka Wakka No. 2 and Tarong Indigenous Land Use Agreement (ILUA) was agreed between the TEC Coal Pty Limited and Tarong Energy Corporation Limited, and Cyril Couchy, David Anthony Beezley, George Bone, Kevin John Doolan, Michael Bond, Oscar Chapman, Robert Lacy, Beryl Gambrill, Pam Peggy Duncan, Patricia Dawn Bond on their own behalf and on the behalf of the Wakka Wakka People. The purpose of the ILUA is to enable the TEC Coal to undertake a range of activities related to mining and power generation.

The parties to the ILUA consent to the doing of the following acts, whether they are past or future acts:
  • the undertaking of all Agreed Acts;and

  • the conduct of the Tarong Mining Project.

The Tarong Coal Project:

The Tarong Coal Project involves the construction, operation and development of a coal mine or mines in the Kunioon Mining Lease and ML6674 area, as well as the extraction, treatment and transportation of other minerals for the purposes of a Power Station.

The Project also includes the undertaking of exploration activities and the development of related infrastructure in the ILUA area, whether or not within the Kunioon Mining Lease and ML6674.

The Tarong Coal Project does not include the extraction of coal, kaolin or any other minerals outside the boundaries of ML6674 or MDL201 where native title has not been extinguished and where such activities would require a mining lease.

Right to negotiate provisions do not apply:

The parties also 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.

Operation of ILUA

The ILUA commences on 16 March 2009 and continues
until either of the following, whichever occurs first:
  • the permanent termination of the Tarong Coal Project by TEC Coal, of which notice must be given to the Bunya Working Group; or

  • the expiry date of the Kunioon Mining Lease and ML6674, of which notice must be given to the Bunya Working Group; or

  • the termination of the ILUA by TEC Coal as a result of the suspension of benefits under clause 3.7(b) for the period of at least 12 months, of which notice must be given to the Bunya Working Group.

Related Entries

  • Clancy on behalf of the Auburn Hawkwood People and State of Queensland [2019] FCA 1908
  • Organisation
  • Tarong Energy Corporation Ltd - Signatory
  • TEC Coal Pty Limited - Signatory
  • Bunya Wakka Wakka Cultural and Heritage Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Cyril Couchy & others on their own behalf and on behalf of the Wakka Wakka People - Signatory
  • Wakka Wakka People

  • Glossary

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

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