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The Rocks Quarry Indigenous Land Use Agreement

Category: Agreement
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The ILUA area is located 17km southwest of Ayr along Ayr-Dalbeg road.

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as Lot 18 on SP SP178779 and Lot 122 on SP SP178779. For details of the area see Schedule 1 attached below under documents. The area is within the jurisdiction of the Burdekin Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 February 2020. This is an authorised area Indigenous Land Use agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.:QI2019/020
Subject Matter:Future Act | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/020
Summary Information:

The Rocks Quarry Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Colevale Estates Pty Ltd,
  • M & T Populin Pty Ltd,
  • Twin Rock Pty Ltd and
  • Allec Illin, Eddie Smallwood, Della Gibson, Jasmine Stanley, Christine Skeene, Eddie Savage, Fred Stanley Snr., Marlene Singleton, Kim Neal on their behalf and on behalf of Bindal People #2.

The ILUA area covers approx 4 sq. km and is located approx 17 km southwest of Ayr along Ayr-Dalbeg road.

The purpose of the ILUA is to provide consent to all activities relating to quarrying project in the ILUA area.

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

Detailed Information:

Details of the Agreement:

The ILUA area is as per map attached in Schedule 1 of the ILUA. The ILUA area is described as Lot 18 on SP SP178779 and Lot 122 on SP SO178779.

Commencement and Termination:

The agreement commences on the date when all parties have signed the agreement; and can be terminated in a way provided in the clause 3.2 of the ILUA. The way of termination is not included in the extract. In case of a breach, remedies at law may be available to parties.

Native Title Provisions:

Right to negotiate:

The right to negotiate under the Native Title Act 1993 does not apply to any Project Activities covered by the ILUA.

Future act provisions:

The parties agree to following activities in relation to the Quarrying Project:

  • amending or varying existing Sales Permit in a way that removes any Native Title Restriction;
  • re-issuing any existing Sales Permit in a way that removes any Native Title Restriction;
  • issuing any new Sales Permit in a way that removes any Native Title Restriction; and
  • all future acts done in relation to the Quarrying Project.

Quarrying Project means:

  • the exploration for and extraction of Quarry material;
  • the collection and transportation of Quarry material;
  • the stockpiling and storage of Quarry material; and
  • use of Quarry material in any value adding process.

Native Title in the Agreement Area:

The ILUA area is within the area of the Native Title Application made by Allec Illin & Ors on the behalf of Bindal People #2 v State of Queensland (Bindal People #2) (NNTT file number QC2016/005; Federal Court file number QUD503/2016).


Related Entries

Organisation
  • National Native Title Tribunal
  • Colevale Estates Pty Ltd - Signatory
  • M & T Populin Pty Ltd - Signatory
  • Twin Rock Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Allec Illin and others on their own behalf and on the behalf of Bindal People # 2 - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/020 (The Rocks Quarry ILUA) - ( PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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