Kalkadoon People/Xstrata Indigenous Land Use Agreement (ILUA)
|Date: ||12 June 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Mt Isa|
|The agreement area covers about 38,720 square kilometres, is located in the vicinity of Mount Isa
and falls within the Local Government Authorities of Burke, Boulia, Carpentaria, Cloncurry, McKinlay Shire Councils and Mount Isa City Council.
The area lies in the outer boundary of the Kalkadoon native title determination application QC05/12, QUD579/05 (Kalkadoon People # 4).|
|Summary Information: |
|The Kalkadoon People/Xstrata Indigenous Land Use Agreement (ILUA) was agreed between:
- Xstrata Queensland Limited; and
- Illona Parter, Noeleen Dempsey, Douglas Bruce, William Doyle, Lawrence (Sonny) Condren, Cornelia (Connie) Craigie, Patricia Kyle, Sue Sarmardin (Jr) and Hazel Munro on their own behalf and on behalf of the Kalkadoon People.
Under this agreement, the Native Title Holders agree to grant Xstrata the right to exploration permits.
|Detailed Information: |
The Native Title Holders agree to grant Exploration Permits to Xstrata.
The ILUA envisages two situations under which Exploration Permits will be granted:
1. Permit applications which fall wholly within the Claim Area;
2. Permit applications which fall partly within the Claim Area and partly outside the Claim Area;
An ancillary agreement, the ‘Explorer Agreement’, will govern the parties’ relationship and rights and obligations in respect of the Exploration Permit.
The terms of the Explorer Agreement will apply to permits which fall wholly within the Claim Area. The terms of the Explorer Agreement will apply at Xstrata’s election to permits which fall only partly within the Claim Area.
The parties agree to sign a separate ‘Explorer Agreement’ where it is applicable according to the above information.
The ILUA extract does not contain the details of the ‘Explorer Agreement’.
Native Title Provisions
The Right to Negotiate Procedure is not intended to apply to the Future Acts described above.
The ILUA commences on the date that the last party signs the agreement.
Native Title in the ILUA Area
The Kalkadoon people first lodged a native title application in 1995 followed by five other applications. Kalkadoon #4 was filed in 2005 with Kalkadoon #5 application lodged in 2006 and both were accepted for registration pursuant to the Native Title Act 1993 (Cth). In 2010, the Federal Court combined the #4 and #5 applications and the application was accepted for registration pursuant to s109 of the Native Title Act 1993 (Cth).
On 12 December 2011, the Federal Court determined that Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.
In total, the claim area covers some 38,720 square kilometres including low lying plains in the north, north east and southern sections, the Cloncurry Ranges in the mountainous centre, the City of Mt Isa, the townships of Gunpowder, Kajabbi, Quamby, Mary Kathleen and Duchess, branches and tributaries of the Leichhardt River, the south western headwaters of the Cloncurry River, and the middle and upper reaches and tributaries of the Georgina River in Central and North Queensland.
Around 4078 square kilometres is held exclusively by the Kalkadoon people with non-exclusive native title rights held by the Kalkadoon People over the remainder of the land (National Native Title Tribunal, 2011).
This ILUA is one of a large number which have been made in order to recognise and secure a range of non-native title interests in the determination area.