Ausquest Limited/CLC No. 3 Indigenous Land Use Agreement (ILUA) |
Date: | 5 December 2002 | |
Date To: | This agreement has now expired. | |
Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
Place: | |
State/Country: | Northern Territory, Australia |
| This Indigenous Land Use Agreement (ILUA) covered Exploration Licence Applications 23222, 23223, 23226 and 23228, which were located within the boundaries of the Perpetual Pastoral Leases of Victoria River Downs (PPL 1154), Wave Hill (PPL 1002) and Cattle Creek (PPL 1003). The ILUA area was situated east of the Wave Hill township, crossing the Buchanan Highway in the north-west of the Northern Territory. The ILUA was not within any incorporated local government areas, but it did fall within the Garrak-Jarru ATSIC region. |
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Legal Status: | Removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements on 26 November 2010. | |
Legal Reference: | National Native Title Tribunal File No: DI2002/007 | |
Payments: | Compensation - The ILUA covers compensation for future acts done under this ILUA, being the grant of Exploration Licences 23222, 23223, 23226 and 23228. |
Subject Matter: | Compensation | Cultural Heritage | Environmental Heritage | Exploration | Future Act | Land Use | Native Title | Recognition of Traditional Rights and Interests |
Summary Information: | |
The Ausquest Limited/CLC No. 3 Indigenous Land Use Agreement (ILUA) was agreed between Ausquest Limited and the Central Land Council. The purpose of this ILUA was to allow mineral exploration company Ausquest to explore the ILUA area for minerals, in line with the Exploration Licences that it had been granted over the area. |
Detailed Information: | |
Contents of this ILUA
If not for this ILUA, the grant of the Exploration Licences to Ausquest may have been invalid. It may also have attracted the right to negotiate or the future act provisions of the Native Title Act 1993 (Cth).
The native title holders were represented by the Central Land Council in this ILUA. Their consent to the exploration was given subject to certain conditions. Accordingly, this ILUA included the following conditional provisions:
'procedures to minimise the environmental impact of exploration and to promote the rehabilitation of any part of the Area which has been subjected to exploration;'
'the protection of any native title rights and interests, including the protection of sacred sites;' and
compensation.
Removal from the Register
This ILUA has now been removed from the National Native Title Tribunal Register of Indigenous Land Use Agreements. It was removed under s 199C(1)(c)(i) of the Native Title Act 1993, which allows the removal of an ILUA from the Register if a party advises the Registrar in writing that the agreement has expired, and the Registrar believes, on reasonable grounds, that it has expired.
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