Joint Bar-Barrum Jirrbal Herberton Project Indigneous Land Use Agreement (ILUA)
|Date: ||28 July 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Around Herberton Range Forest Reserve|
|The ILUA area is located in northern Queensland, around the Herberton Range Forest Reserve, approximately 100 kilometers south-west of Cairns. It is detailed in four separate schedules attached to the agreement.|
|Legal Status: ||Registered with the National Native Title Tribunal on 28 July 2008. This is a certified Area Agreement under the Native Title Act 1993 (Cth)|
|Legal Reference: ||National Native Title Tribunal File No.: QI2007/041.|
|Subject Matter:||Access | Collaboration / Partnership | Compensation | Consultation | Economic Development | Environmental Heritage | Exploration | Forestry | Implementation | Land Management | Land Planning | Land Use | Local Government | Management / Administration | Mining and Minerals | Native Title | Oil and Gas | Petroleum|
|Summary Information: |
|This ILUA concerns a number of future acts in relation to a mining project in northern Queensland. It was negotiated between the Bar-Barrum Native Title Parties, the Jirrbal Native Title Parties, the Bar-Barrum Aboriginal Corporation, North Queensland Metals Pty Ltd, Walker Resources Pty Ltd and Dianne Mining Corporation Pty Ltd.|
|Detailed Information: |
|The Bar-Barrum Native Title Parties and the Jirrbal Native Title Parties consent to the ‘Agreed Future Acts’ being carried out. They agree that they will take reasonable steps to enable the doing of the Future Acts and will not take any action to prevent or delay the doing of the Future Acts.
The Future Acts include:
grants to North Queensland Metals, Walker Resources and Dianne Mining for the creation, grant, registration or transfer of any Project Rights to North Queensland Metals;
construction, operation and maintenance of the Herberton Project and any works incidental to the project done by, on behalf of or at the request of North Queensland Metals;
implementation and operation of the Herberton Project; and
decommissioning of the Project and the required rehabilitation of the land affected
To the extent that they are within the ILUA area.
Project Rights include grants, permissions, licences, permits, authorisations, approvals, interests, rearrangements of property boundaries necessary for the Herberton project including:
permits, licences or authorisations under the Minerals Resources Act 1989 (Qld);
permits, licences or authorisations under the Water Act 2000 (Qld);
approvals under the Fisheries Act 1994 (Qld) or Fisheries Freshwater Management Plan 1999 (Qld);
approvals under the Environmental Protection Act 1994 (Qld);
approvals involving the opening or closing of roads under the Land Act 1994 (Qld);
approvals with regard to clearing trees under Land Act 1994 (Qld) or the Vegetation Management Act 1999 (Qld);
approvals concerning the establishment of any quarry or the use of forest products under the Forestry Act 1959 (Qld);
approvals under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth);
approvals required in respect of construction and development under the Integrated Planning Act 1997 (Qld);
approvals under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth); and
approvals under the State Development and Public Works Organisation Act 1971 (Qld)
that fall within the ILUA area.
The agreement ends upon the proponent’s interests or project rights being surrendered, cancelled or discontinued.