Sarum Project Indigenous Land Use Agreement (ILUA)

Collinsville

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 11 December 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Sarum Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Glencore Coal Queensland Pty Limited and the Birriah Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The ILUA area covers about 53 sq km, adjacent to the intersection of the Bowen River and the Bowen Developmental Road, south of Collinsville.

The purpose of the agreement is to consent to the building and operation of a coal mine within the ILUA area.

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

ILUA area:

The ILUA area covers about 53 sq km, located adjacent to the intersection of Bowen River and the Bowen Developmental Road, approximately 23 km south of Collinsville. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Part A of Schedule 1 of the ILUA, as including the lands and waters within:

Commencement:

The ILUA is binding from the date it was signed by all the parties, 3 August 2018. It has effect as an ILUA, and in relation to the agreed acts, from the date of registration on 11 December 2018.

Termination:

This ILUA will continue until the following events have taken place:

• the Sarum Project is completed; and
• all the rights and obligations under this ILUA are satisfied.

Notably, the parties to this agreement may also choose to terminate the ILUA if Glencore Coal Queensland Pty Limited decides not to proceed with the Sarum Project before a mining lease is granted.

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 grant of rights related to the Sarum Project.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that any of the activities authorised by this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The parties consent to the doing of the following acts by the non-native title party:

• the grant or issue of any rights, permits, authorisations, leases, titles, tenures, resource tenements, licences or approvals required for the efficient construction, development of the Sarum Project;
• the re-grant, renewal, remaking or variation of the rights set out above;
• the construction, development, and operation of a coal mine and associated petroleum production facilities within the area set out in Schedule 2 attached below ('Sarum Project'); and
• the construction and operation of all buildings, structures, facilities, and infrastructure necessary or related to the operation of the Sarum Project mine.

Native Title in the Agreement Area:

This agreement is located within the area of the native title determination Miller on behalf of the Birrah People v State of Queensland [2016] FCA 271. (FCA file no.: QUD6244/1998, NNTT file no.: QCD2016/001).

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