Darumbal Marlborough Nickel Pipeline Indigenous Land Use Agreement (ILUA)
|Date: ||10 December 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Gladstone Regional Council|
|The ILUA covers a land corrider of approximately 10 square kilometres dissecting the regions of Rockhampton and Mount Morgan. The pipeline the subject of the agreement runs South East from in or around Ridgelands to Raglan.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 December 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No. QI2006/050.|
|Subject Matter:||Access | Future Act | Mining and Minerals | Native Title|
|Summary Information: |
|The Darumbal Marlborough Nickel Pipeline ILUA was agreed between Mr Alan Hatfield on behalf of Darumbal Enterprises, those persons who constitute the Darumbal #1 Applicant (Alan Douglas Hatfield, David Raymond James (deceased), Robert Michael Muir, Rodney William Mann, Warren John Malone, Vanessa Ross) and Marlborough Nickel Pty Ltd.
The purpose of the ILUA is to provide consent for future acts to be conducted by Marlborough Nickel in relation to the construction and operation of a slurry pipeline. The pipeline has been proposed so as to carry slurry from the Marlborough mining site to a refinery.|
|Detailed Information: |
|The parties to the ILUA provide consent for:
- the grant and renewal of 'project rights'
- acts which give effect to either the mining project and the nickel pipeline
- acts which enable either of the abovementioned projects to proceed
- acts associated with the development, construction, operation, maintenance, alteration, closure, removal or decomissioning of the project or the pipeline
The abovementioned 'project rights' may include (but are not limited to):
- the right to any licence, authority or permit associated with investigating a route for the pipeline
- the right to any licence, authority or permit associated with ensuring marlborough Nickel Pty Ltd has 'enforceable and secure rights' over the land corridor the subject of the agreement
- the right to hold exploration permits and mining leases
- the right to seek further exploration permits, mineral development licences, mining leases or
other rights under the Mineral Resource Act 1989 (Qld)
- the right to hold an interest in land including a lease, easement, licence, concession, permit to occupy, or any other interest granted under statute
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
The parties also agree that this constitutes the requisite consent for the purposes of s 24EB(1)(b) of the Native Title Act 1993 (Cth), which covers the effect of registration of an ILUA on proposed acts.
The agreement comes into effect on 10 December 2008. The agreement ceases to have effect when Marlborough Nickel Pty Ltd no longer holds any Project Rights.
Native Title in the ILUA Area
The ILUA area is located within an area the subject of a native title claim by the Darumbal People (Tribunal File No: QC97/21).
Under the Native Title Act 1993 (Cth) any activity 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 entitles the parties to circumvent these provisions.