Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA) |
| Date: | 5 October 2012 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | |
| State/Country: | Queensland, Australia |
| The ILUA area covers approximately 3,553 square kilometres of land and is located 54 kilometres north of Miles. It extends north to Taroom and south to Wandoan. |
| |
| Legal Status: | Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 5 October 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal file no: QI2012/060 | |
| Subject Matter: | Access | Future Act | Land Use | Mining and Minerals | Native Title | Oil and Gas |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Cockatoo_Coal_Limited_and_Iman_People_ILUA_QI2012_060.aspx | |
| Summary Information: | |
| The Cockatoo Coal Limited and Iman People Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Cockatoo Coal Limited (applicant); and
- Iman People #2(QUD6162/98; QC97/55);
The purpose of this ILUA is to provide the coal company Cockatoo Coal Limited with the right to undertake certain activities on Iman country. |
| Detailed Information: | |
| Details of the Agreement
Commencement
The ILUA commences on the earlier of either the date on which the ILUA was executed or the date on which the ILUA is notified by the Registrar under section 24CH of the Native Title Act 1993 (Cth).
Agreement
The parties agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to the grant of the applicable authorisations or in relation to any of the other agreed acts.
The parties agree and consent to:
- the doing of the Project. The Project encompasses all activities, works and operations proposed or which may be undertaken in the ILUA area;
- the grant and implementation of the applicable authorisations;
-the doing of acts necessary or expedient to give effect to the Project and enable it to proceed;
- the Prior Acts and the validation of these Acts. Prior Acts are those above mentioned acts which were done prior to the registration of this ILUA.
The parties agree not to challenge the validity of any of these acts in the future.
Native Title history
The ILUA area falls within the Iman People #2 registered native title claim area, which was filed with the Federal Court of Australia as proceeding QUD 6162 of 1998 on 30 October 1997. The claim covers approximately 14,024 square kilometres of land and waters in central and south-western Queensland.
The Iman People #2 native title claim was not accepted for registration on 28 July 1999 due to failing to meet some of the procedural requirements pursuant to the registration test provisions of the Native Title Act 1993 (Cth). The claim was, however, later accepted for registration on 26 July 2002 after certain amendments were made. It currently remains in mediation.
The claimants in the Iman People #2 native title claim are also party to the Iman #2 and QCG Pty Limited Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/003). | |
