Ewamian Copper Strike Einasleigh Indigenous Land Use Agreement (ILUA)
|10 July 2008
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|The area covered by this Indigenous Land Use Agreement comprises around 1,103 square kilometres of land in the vicinity of Einasleigh in the state of Queensland. The ILUA area is located southeast of Georgetown, southwest of Mount Surprise and approximately 240 kilometres southwest of Cairns. It falls within the jurisdiction of the Etheridge Shire Council. The ILUA area is divided into two parts, with ILUA Area A covered by mining leases ML 30211, ML 30212 and ML 30214.
|National Native Title Tribunal File No. QI2007/035
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 July 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
|Land Use | Mining and Minerals
|The Ewamian Copper Strike Einasleigh Indigenous Land Use Agreement (ILUA) was agreed between Copper Strike Ltd, Einasleigh Mining Pty Ltd and the native title claimants in the proceedings Ewamian People #2 (National Native Title Tribunal File No. QC99/13) and Ewamian People #3 (National Native Title Tribunal File No. QC01/16). The purpose of this ILUA is to provide consent for a range of future acts in relation to the Einasleigh Copper Project, which is being undertaken in the ILUA area by Einasleigh Mining Pty Ltd and its parent company Copper Strike Ltd.
|This ILUA relates to Copper Strike's Einasleigh Copper Project, which is being undertaken by Einasleigh Mining Pty Ltd in Etheridge Shire, northern Queensland. The project involves the redevelopment of a historic copper mine to allow for the extraction of an ore deposit that is expected to produce between 10,000 and 15,000 tonnes of copper concentrate per year for the duration of the mining operations. In particular, this ILUA sets out a 'Change of Scope Process' for the project, involving the conversion of an Exploration Permit for Minerals into several mining leases. The ILUA will terminate once the proponents of the project (being ILUA signatories Copper Strike and Einasleigh Mining) completely surrender or terminate their rights and interests in the ILUA area.
Agreed Future Acts
Pursuant to this ILUA, the parties consent to the doing of the following 'Agreed Future Acts' within the territory designated as 'ILUA Area A':
The grant, renewal, re-grant, re-making, extension or replacement of mining leases ML 30211, ML 30212 and ML 30214, or any mining leases granted in substitution of any of these leases;
The grant, renewal, re-grant, re-making, extension or replacement of any tenures (including mining leases) to Copper Strike and Einasleigh Mining, jointly and severally, pursuant to the Mineral Resources Act 1989 (Qld);
The grant of any approvals required for the extraction and use of water in the ILUA area pursuant to any mining leases or tenures granted under this ILUA; and
The grant of any leases, approvals, licenses, permits, rights of access or easements required for activities undertaken pursuant to any mining leases or tenures granted under this ILUA.
The parties also consent to the doing of the following 'Agreed Future Acts' within the territory designated as 'ILUA Area B':
The grant of any easements or tenures (including mining leases) under the Mineral Resources Act 1989 (Qld) that may be required for obtaining and securing corridors to allow for the building and operation of a power line and a water pipeline within the ILUA area.
Right to negotiate provisions
The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to the doing of any of the Agreed Future Acts outlined above.
Background to native title in the ILUA area
The Ewamian People have registered two applications for a determination of native title with respect to land and waters that include the site of the Einasleigh Copper Project. The first of these, the Ewamian People #2 claimant application, was filed with the Federal Court of Australia on 18 March 1999 as proceeding QUD 6009 of 1999. It covers land in the Georgetown area in northern Queensland. The second, the Ewamian People #3 claimant application, was filed on 30 April 2001 as proceeding QUD 6018 of 2001. It also covers land in northern Queensland.
The land included in both these claims comprises the mining lease ML 30214, with native title having been extinguished over the freehold land in mining lease ML 30212. While neither of these claims is currently in mediation, both have completed the public notification period that is a pre-requisite to commencing a formal mediation process.
This ILUA follows on from the original Indigenous Land Use Agreement between the Ewamian People and Teck Cominco Australia Pty Ltd (which was then known as Teck Australia Minerals Pty Ltd). This ILUA was dated 11 March 2002.