Agreements, Treaties and Negotiated Settlements Project

Indigenous Land Use Agreement (ILUA) for ML90127
Date:	29 October 2004
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	East of Mount Isa
State/Country:	Queensland, Australia
	The area of the ILUA corresponds to Mining Licence 90127, which is located 21 kilometres east of Mount Isa and covers an area of 6 hectares. The area falls within Heywood Pastoral Holding which can be identified as Lot 100 on CP AA31. The ILUA is located within the Mount Isa City Council local government area and the Gulf & West Queensland Indigenous Regional Council.

Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No. QI2001/020
Subject Matter:	Future Act \| Land Use \| Mining and Minerals \| Native Title
Summary Information:
The Indigenous Land Use Agreement (ILUA) for ML90127 allows the grant of a mining licence (ML) to Joseph Sandham Rogers Snr and Joseph Sandham Rogers Jnr by the Queensland government. The ILUA acknowledges the consent of the parties to the granting of the ML90127. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this act any activity, such as a grant of land, that may affect native title rights is defined as a "future act" and must comply with the future act provisions of the act in order to be valid. The ILUA relates only to ML90127 and continues until the end of the term of the licence, which may be renewed. Any ML created to replace ML90127 is also covered by the ILUA.