Sand Quarry Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as all the land and waters in Lot 1 on AP2107.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 26 February 2019.

This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Sand Quarry Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Humphries Pty Ltd and the Kyburra Munda Yalga Aboriginal Corporation RNTBC (Registered Native Title Body Corporate).

The agreement area covers about 9 sq km, 14 km south east of Home Hill and 2 km north west of Wunjunga adjacent to the mouth of the Burdekin River.

The purpose of the agreement is to provide consent to the amendment and reissue of a sales permit without native title restrictions for the operation of the sand quarry in the area.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Commencement:

The agreement commences on 11 December 2018 (the date of execution).

Termination:

The parties may, by written agreement, terminate the agreement at any time. Humphries Pty Ltd may terminate the agreement by providing written notice to the Kyburra Munda Yalga Aboriginal Corporation, subject to Humphries Pty Ltd having fully complied with clause 9, the operation of all the proposed works being completed and the sales permit having been surrendered or its term expired.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the acts agreed to under this agreement.

Extinguishment

The Extract does not contain any provisions regarding the non-extinguishment principle. This means that under s 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions

The agreement provides consent to certain acts performed after the registraion date. Specifically, the parties consent to the amendment and reissue of Humphries Pty Ltd's sales permit (No. 201609010 under the Forestry Act 1959 (Qld) and any replacement without native title restrictions) for the purpose of the extraction and removal of sand, and acts necessary for or incidental to same including any acts which:

• involve the extraction, processing and removal of sand;
• are done in the activity area;
• have the capacity to harm any Aboriginal Cultural Heritage.

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the consent determination proceeding Lampton on behalf of the Juru People v State of Queensland [2014] FCA 736 (Juru People Part A) (FCA File No.: QUD554/2010; NNTT File No. QCD2014/014).

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