Agreements, Treaties and Negotiated Settlements Project

Ewamian People Small Scale Miners Indigenous Land Use Agreement (ILUA)
Date:	24 April 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Georgetown
State/Country:	Queensland, Australia
	Agreement covers about 28,670 sq km in the vicinity of Georgetown in the State of Queensland. The agreement area only covers those land and waters which are subject to native title determination applications: - QUD6009/99 Ewamian People #2 (QC1999/013) as accepted for registration on 9 July 2002, excluding Lot 7 on Plan LG6; and - QUD6018/01 Ewamian People #3 (QC2001/016) as accepted for registration on 27 June 2002.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 April 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2013/087
Subject Matter:	Land Use \| Mining and Minerals
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Ewamian_People_Small_Scale_Miners_ILUA_QI2013_087.aspx
Summary Information:
The Ewamian People Small Scale Miners Indigenous Land Use Agreement (ILUA) was agreed between: - the State of Queensland; - Barry Fisher, David Hudson and Noel Lacey on their own behalf and on behalf of the Ewamian People [the registered native title claimant for the Ewamian People Native Title Claims: QUD6009/99 and QUD6018/01; - North Queensland Miners Association Incorporated (NQMA); and - the Tatampi Puranga Aboriginal Corporation. on 24 April 2014. The purpose of this Area Agreement is to provide consent to the granting of mineral development licences, mining claims and leases and prospecting permits over the Agreement Area.
Detailed Information:
Commencement This ILUA was registered with the National Native Title Tribunal (NNTT) on 24 April 2014. The Extract does not specifically note start or end dates for the Agreement, but does provide further information regarding the Agreement's commencement. Clauses 1 - 6 and 9 - 38 of the Agreement commence on the Commencement Date, being the date on which the last Party signs the Agreement. Clauses 7 and 8 commence on the Registration Date, being 24 April 2014. Expiry Subject to clause 4.4 of the Agreement, clauses 7.1, 7.2 and 7.3 will expire on the Expiry Date, being the date that is 5 years from the Registration Date of 24 April 2014. Under clause 4.4, where all parties agree, the Expiry Date may be extended by a further five years. To do so, notice must be given no later than twelve months before the Expiry Date. Parties in receipt of notice to extend must, within one month of receipt, notify the party providing notice of acceptance or non-acceptance. Native Title Provisions The parties consent that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) is not intended to apply to the Agreed Acts. Agreed Acts The Agreed Acts are outlined in clauses 7 and 8 of the Agreement. Under clause 7, the parties consent to the grant of a number of licences and permits over the Agreement Area, including: (a) Prospecting Permits with a Level 2 Environmental Authority if required under the EPA; (b) Mineral Development Licences with a Level 2 Environmental Authority; (c) Mining Claims with a Level 2 Environmental Authority; and (d) Mining Leases with a Level 2 Environmental Authority, to a Grantee Party. Additionally, the parties consent to the grant of Ancillary Rights relevant to a Mining Tenement the grant of which was consented to under the Agreement. The parties also provide consent to the renewal of the Mining Tenements. Clause 8 of the Agreement concerns amendment to mining tenements. The clause provides consent (subject to clauses 8.4 - 8.9) for a range of amending acts, including the: (a) addition of another mineral; (b) addition of an additional purpose; (c) addition of additional surface area; (d) consolidation of Mining Leases; and (e) variation of the land used as access in relation to the land the subject of a Mining Lease. Additionally, the parties consent to the rights attaching to Mining Claims being varied as follows: (a) addition of another mineral; (b) variation of the land used as access in relation to the land the subject of a Mining Claim. The parties also consent to the rights attaching to Mineral Development Licences being varied as follows: (a) variation of the land used as access in relation to the land the subject of a Mineral Development Licence; and (b) addition of another mineral; (c) addition of excluded land. Native Title in the ILUA Area. The agreement area only covers those land and waters which are subject to native title determination applications: - QUD6009/99 Ewamian People #2 (QC1999/013) as accepted for registration on 9 July 2002; and - QUD6018/01 Ewamian People #3 (QC2001/016) as accepted for registration on 27 June 2002.