Darumbal Marlborough Nickel Project Area #2 Indigenous Land Use Agreement (ILUA)
|Date: ||11 July 2006|
|Date To: ||When Marlborough Nickel no longer holds any mining leases or other Project Rights in relation to the area covered by the ILUA|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement area encompasses approximately 280 square kilometres of land located approximately 50 kilometres north west of Rockhampton, existing within the vicinity of Marlborough. It covers numerous separate Lots of land stretching from Canoona to Marlborough, the coordinates of which are noted in the extract from the Register of Indigenous Land Use Agreements.|
|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. QI2007/006|
|Subject Matter:||Access | Economic Development | Mining and Minerals|
|Summary Information: |
|The Darumbal Marlborough Nickel Project Area #2 ILUA was agreed between the following parties:
- Marlborough Nickel Pty Ltd
- Alan Douglas 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 and Vanessa Ross)
- Those persons who constitute the Darumbal #2 Applicant (Alan Douglas Hatfield, David Raymond James (deceased), Robert Michael Muir, Rodney William Mann, Warren John Malone, Vanessa Ross, Vivienne Roma and Louis Mann)
- Randolph Powder, Heather Dooley, Davina Tilberoo, Kevin Bloomfield and Bianca Tilberoo
- Frank Budby
The purpose of the ILUA is to provide consent to Marlborough Nickel Pty Ltd to commence the operation of their nickel mining project.|
|Detailed Information: |
|The parties to the ILUA provide consent for the grant and renewal of 'project rights', as well as any acts, which are 'necessary or expedient to give effect to the project'. This provides Marlborough Nickel Pty Ltd with rights to pursue the investigation, construction, development, operation, expansion and decommissioning of their Nickel mining project.
Notably, the abovementioned rights may include (but are not limited to):
- 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 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 parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
The agreement comes into effect on 11 June 2006. The agreement ceases to have effect when Marlborough Nickel Pty Ltd no longer holds any mining leases or other Project Rights in relation to the area.
Native Title in the ILUA Area
The ILUA area is located within an area the subject of two native title claims:
- That of the Darumbal People (Tribunal File No: QC97/21)
- That of Darumbal #2 (Tribunal File No: QC99/1)
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.