Agreements, Treaties and Negotiated Settlements Project

Maiawali and Karuwali #2 EP Backlog Project Indigenous Land Use Agreement (ILUA)
Date:	6 December 2002
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Southeast of Mt Isa
State/Country:	Queensland, Australia
	The ILUA covers the area of three Exploration Permits, EPM 12614, 12851 and 12854, located south and south east of Middleton in central Queensland (approximately 270 kms south east of Mount Isa). The ILUA is within the Winton Shire Council and the Central Queensland ATSIC region.

Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: QI2002/040
Payments:	Compensation - Under the terms of the ILUA, an explorer is to pay a compensation amount to the native title parties prior to the grant of an EP or MDL and then annually "on each anniversary of the term of the EP or MDL" and upon renewal and annually "on each anniversary of the renewed term of the EP or MDL".
Subject Matter:	Cultural Heritage \| Mining and Minerals \| Native Title \| Exploration \| Future Act \| Environmental Heritage \| Land Use
Summary Information:
In the Maiawali and Karuwali #2 EP Backlog Project Indigenous Land Use Agreement (the ILUA), the Maiawali and Karuwali Peoples have agreed to the grant of Exploration Permits (EPs) and Mineral Development Licences (MDLs) by the State of Queensland. The right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to these grants. This will enable the backlog of applications for tenements in the agreement area made to the State by grantees to be processed without requiring the longer timeframes of the right to negotiate process that would otherwise apply. EPs may be granted to an 'Explorer' for up to 5 years, subject to a set of 'Native Title Conditions' specified in the agreement and provided that the Explorer has paid the annual compensation amount required under the agreement. Explorers may be granted an MDL subject to the same provisions, as long as they have also been granted an EP under the ILUA and do not have any 'outstanding dispute' with the Birri or Kudjala Peoples nor have 'breached any conditions' relating to that EP. On being granted a tenement, the grantees may conduct 'Exploration Activities' in the area. EPs and MDLs granted under the ILUA may be renewed, provided they remain subject to the conditions of the agreement.