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SCONI Project Indigenous Land Use Agreement (ILUA) | ||
| Date: | 20 August 2012 | |
| Sub Category: | Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
| Place: | 250km east of Townsville | |
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| State/Country: | Queensland, Australia | |
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| The area subject to this agreement covers about 1,852 square kilometres and is located approximately 250km east of Townsville, north of the Gregory Developmental Road, south of the Herbert River and east of the Kennedy Developmental Road. The ILUA area is located within the local government regions of the Charters Towers Regional Council and Tablelands Regional Council. | ||
| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 December 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal File Number: QI2012/069. | |
| Subject Matter: | Exploration | Future Act | Mining and Minerals | |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_SCONI_Project_ILUA_QI2012_069.aspx | |
| Summary Information: | ||
| The SCONI Project Indigenous Land Use Agreement (ILUA) is an agreement between: - Metallica Minerals Limited; - NORNICO Pty Ltd; - Ernest Hoolihan, Harry Gertz, Narda Kennedy, Hazel Illin and Elsie Thompson on their own behalf and for and on behalf of all Gugu Badhun People; - Ms Beryl Buller; and - Gugu Badhun Aboriginal Corporation. The purpose of the agreement is for the parties to give their authorisation and consent to agreed Future Acts. | ||
| Detailed Information: | ||
| Details of the Agreement Commencement The agreement commences on the date of registration with the National Native Title Tribunal (NNTT), which is 18 December 2012, and will terminate upon occurrence of the earlier of the following: (a) on the date that Metallica Group ceases to hold any right, title or interest in relation to any of the Projects in the Agreement Area and the giving by Metallica Group of 20 Business Day's written notice to the Native Title Party to this effect; (b) on the date of the making of a Contrary Determination and the giving by Metallica Group of 20 Business Day's written notice to the Native Title Party to this effect; or (c) the parties agreeing in writing to terminate this Agreement. Parties consent For the purposes of section 24EB(1)(c) of the Native Title Act 1993 (Cth)('NTA'), the Parties acknowledge and agree that the right to negotiate provision contained in Subdivision P of Division 3 of Part 2 of the NTA is not intended to apply and does not apply to the Future Agreed Acts. The Parties consent to Future Agreed Acts as of and from the commencement date (18 December 2012). 'Future Agreed Acts' means; (a) The Grant of the Future Titles; (b) The conduct of the Activities or the Grant of any act, including additional related or associated acts that are reasonably required to give effect to the Future Titles; and (c) The construction, operation, use maintenance and repair of all plant and infrastructure required for the Projects including, but not limited to, roads, pipeline and power lines, within the Agreement Area. 'Future titles' means any Exploration Permit for Minerals, Mineral Development Licence, Mining Leases or other approval, permit or licence (including infrastructure approvals,environmental approvals and water approvals) within the Agreement Area which is required for the Projects and applied for by Metallica Group. 'Metallica Group' means: (a) Metallica Minerals; (b) NORNICO; (c) any Related Body Corporate of either Metallica Minerals or NORNICO which is involved in any way with any one or more of the Projects and who has executed a deed of covenant in a form reasonably satisfactory to the Parties; and (d) any other person who is involved in a Joint Venture with any of the above entities, in respect of one or more of the Projects, where the Joint Venture identifies one of the above entities of this definition as the Manager of the Joint Venture. Native Title in the ILUA area In the consent determination of Gugu Badhun People #2, the Federal Court of Australia recognised the native title rights and interests of the Gugu Badhum People to an area of about 6,540 sq kms, located approximately 40 kms west of Ingham in Queensland. The consent determination was handed down in a Federal Court hearing on 1 August 2012 by Justice John Logan. The determination recognises the Gugu Badhun People's exclusive and non-exclusive native title rights. | ||
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