Vitrinite and Barada Barna Indigenous Land Use Agreement (ILUA)

Bowen Basin

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 June 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Vitrinite and Barada Barna Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Virinite Pty Ltd and the Barada Barna Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to consent to Vitrinite's mining project in the Barada Barna People's native title area.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Details of the Agreement:

Commencement and Termination:

The ILUA commences and is binding when signed by both parties. The Extract does not specify the commencement date nor details of how the ILUA can be terminated.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply to the grant of the tenements of approvals.

Extinguishment:

The non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any activities agreed to under this ILUA that may be inconsistent with native title rights and interests will not extinguish those rights and interests, instead, they will be revived when the activities are finished.

Future act provisions:

The Barada Barda Aboriginal Corp[oration and the Barada Barna People consent to:

• the granting of the tenements within the ILUA area to Vitrinite or a related party;
• the grant of any approvals; and
• the undertaking of the mining project, including all stages from planning to rehabilitaion and any other works that Vitrinite considers reasonably necessary to the project
  

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Les Budby and Cecil Brown Jnr & oR on behalf of the Barada Bara People v State of Queensland [2016] FCA 1271.

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