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Hancock Alpha Coal Project Indigenous Land Use Agreement (ILUA) (Wangan and Jagalingou Area)

Date: 19 September 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Barcaldine Regional Council, Isaac Regional Council
State/Country:Queensland, Australia
This agreement covers about 1,664 square kilometres, located approximately 160 kilometres northwest of Emerald. The agreement falls within the Local Government Authorities of Isaac and Barcaldine Regional Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 September 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal number QI2011/011
Subject Matter:Future Act | Land Use
Summary Information:
This agreement is between:
- Hancock Alpha Coal Pty Ltd; and
- State of Queensland; and
- Jessie Diver, Patrick Fisher, Lynette Landers, Irene White, Elizabeth McAvoy, Patrick Malone and Les Tilley on their own behalf and on behalf of the Native Title Claim Group (the Wangan and Jagalingou People).

The purpose of this agreement is to allow Hancock to undertake certain acts necessary to conduct the Kevin's Corner Project and the Alpha Coal Project.
Detailed Information:
Content of the ILUA
Commencement and Termination
The agreement commences on the Commencement Date. This date however has not been released by the National Native Title Tribunal. It is therefore unknown when the agreement commences. Clause 3, of the agreement, does not commence on the Commencement Date but commences on the registration date [19/09/2011] or the date of Hancock's decision to proceed with the project.

The agreement can be terminated in the following ways:
- by the written consent of the parties;
- if Hancock notifies the parties that it has decided not to proceed with the Project;
- if Hancock notifies the parties that it has made a decision to proceed with the project but subsequently decides to terminate;
- if there is a finding that Native Title does not exist in the area;
- if the Agreement has not been registered within two years of the Commencement Date [not known] or on a later date which the parties have agreed upon.

If termination does occur the parties have agreed that they will do everything necessary to remove the ILUA from the Register. They have further agreed that all rights and obligations will be at an end. However, in certain circumstances, the consent of the Native Title group continues with regard to any Future Acts, Surrender, or Taking of Native Title, Granted or done prior to the date of termination.

The ILUA also details what is to occur if Hancock has not notified the State and the Native Title Applicants that it will proceed with the project within 5 years of registering the ILUA [19/09/2016]. In brief, Hancock and the State must meet and Hancock must provide reasons for why a decision has not been made and when it is likely to be made. A decision can then be made to terminate the Agreement or for it to continue in force.

Future Acts
The National Native Title Tribunal has not released all of the Future Acts which the parties have consented to. However, the parties have consented to the following acts:
- a grant of approval which is necessary or desirable for the construction, operation etc of the Project to any person. This does, however, exclude mining leases or any other mining tenement.
- to the undertaking of all Project activities. That is, any activity authorised by a grant of approval and undertaken in the ILUA area.
- to any Surrender of Native Title in the ILUA Area, so long as it follows the process outlined in clause 3.4. The Surrender is intended to extinguish Native Title;
- the doing of any acts in the ILUA Area referred to in Clause 3.

Right to Negotiate
The right to negotiate (see glossary) is not to apply to the above Future Acts or the Surrender.

Background to the ILUA
This ILUA was one of a number of ILUAs signed in preparation for a proposed development by Hancock, which consists of two thermal coal mines known as the Alpha Coal Project and the Kevin's Corner Project. Both of these mines have an approximate production capacity of 30 megatonnes per annum over a lifespan of over 30 years.

The mines are to be accompanied by the following associated infrastructure and utilities, which will be developed both within and outside the ILUA area:

Ľa 495 kilometre mine-to-port railway between Alpha and Abbot Point, which will be designed to initially accommodate the transportation of between 60 and 80 megatonnes of coal, and which will have potential for an increase in the tonnage transported.

Ľa coal export facility and a port and material handling facility at Abbot Point; and

Ľall other infrastructure considered necessary or desirable by Hancock. This may include a mine industrial area; a coal handling and preparation plant; an airport; construction camps; a main accommodation camp. mine access and other internal roads; fuel and oil explosives storage facilities; fuel transportation pipeline; power and water supply infrastructure; and communication cables and towers.

This ILUA is therefore an integral step in allowing this project to proceed.

Related Entries

  • Hancock Alpha Coal Pty Ltd & Birri Native Title Claim Group Indigenous Land Use Agreement (ILUA)
  • Hancock Alpha Coal Project Indigenous Land Use Agreement (ILUA) (Jangga Area)
  • Organisation
  • State of Queensland
  • Hancock Coal Pty Ltd
  • People
  • Jessie Diver and others on their own behalf and on behalf of the Native Title Claim Group (the Wangan and Jagalingou People)

  • Glossary

    Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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