Kajeena Mining Company Pty Ltd/CLC Indigenous Land Use Agreement (ILUA)
|Date: ||13 November 2002|
|Date To: ||This agreement has now expired.|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||South east of Kununurra|
|State/Country:||Northern Territory, Australia|
|The area covered by this ILUA was defined in the extract from the Register of Indigenous Land Use Agreements as 'that land within the boundaries of the Kirkimbie, Bunda, Riveren, Inverway & Limbunya Perpetual Pastoral Leases (being PPL Nos. 1084, 1027, 1158 and 1136 respectively) on which Exploration Licence Nos. 10096, 10097 & 10098 are located, being Exploration Licences owned by Kajeena and granted by the Northern Territory Minister of Resource Development.' The ILUA area was located north of the Buchanan Highway in the north west of the Northern Territory. It was made up of two parcels of land, one along the West Australian border and another located east of the first. The ILUA was not situated within any incorporated local government area, but did fall within the Garrak-Jarru ATSIC region.|
|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: DI2002/002|
|Payments:||Compensation - The extract of this ILUA from the Register of Indigenous Land Use Agreements stated that 'The parties agree that compensation for future acts will be made to the Native Title Holders solely in accordance with the Deed for Exploration dated the 19th day of February 2002 and the Native Title Holders agree to accept the compensation under this ILUA in lieu of any other compensation payyable or determinable under Division 5 of Part 2 of the Act to be paid by the Exploration Company.'|
|Subject Matter:||Compensation | Cultural Heritage | Environmental Heritage | Exploration | Future Act | Land Use | Native Title | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Kajeena Mining Company Pty Ltd/CLC Indigenous Land Use Agreement (ILUA) was agreed between the Kajeena Mining Company and the Central Land Council. The purpose of this ILUA was to allow the Kajeena Mining Company to explore the ILUA area for minerals, in line with the Exploration Licences that it had been granted. |
|Detailed Information: |
|Contents of this ILUA
This ILUA allowed for renewals of the Kajeena Mining Company's Exploration Licences and validated any future exploration activity in the agreement area. Without this ILUA, the grant of the Exploration Licences and the undertaking of future exploration may have been invalid, or it may have attracted the right to negotiate and the future act provisions of the Native Title Act 1993 (Cth).
The Central Land Council represented the native title holders in this ILUA. The native title holders' consent to the exploration was given subject to certain conditions. The 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
This ILUA was to remain in force for 6 years from the date of registration (13 November 2002), or until the last EL or renewal of an EL expires. The ILUA also set out processes for extending this time period and making amendments to the agreement.
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. |