Juru People and Adani Abbot Point Terminal Indigenous Land Use Agreement (ILUA)
|20 January 2014
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|In the vicinity of Abbot Point, near the town of Bowen.
|Queensland. , Australia
|The Agreement covers about 24.8 sq km, located in the vicinity of Abbot Point, about 20km north west of Bowen. It is on the Whitsunday coast.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 January 2014.
|National Native Title Tribunal File No.: QI2013/036
| | Mining and Minerals | Native Title | Native Title - Extinguishment
|The Juru People and Adani Abbot Point Terminal Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Adani Australia Company Pty Ltd as trustee of Adani Australia Holding Trust (applicant);
- Margaret Smallwood, Tracey Lampton, Loretta Prior, Ray Gaston, Andrew Morrell, Janet Lymburner and Lenora Aldridge on their own behalf and on behalf of the Native Title Claim Group for the Juru People (QUD554/2010) claimant application; and
- State of Queensland.
The purpose of this agreement is to authorise Adani to carry out works on the land covered by the ILUA in order to increase the capacity at Abbot Point Port.
|Details of the Agreement:
The Agreement operates to provide the parties' consent to: These 'Agreed Acts' are outlined in the Extract as follows:
a) Specified 'Agreed Acts'. These 'Agreed Acts' are outlined in the Extract as follows:
- the grant of any approvals (or other rights and interests);
- the acts pursuant to any granted approvals that are related to the ILUA project;
- the making, amendment or repeal of legislation or rules related to the ILUA project;
- the validation of any of the above acts that occur between the commencement date and the registration date.
- surrender of native title or compulsory acquisition is not an agreed act.
b) Surrender of native title for the purposes of extinguishment. The surrender area is defined as an area of not more than 24 hectares of the land or waters within the boundaries set out in Part 3 of Schedule 1.
c) The undertaking of the project by Adani.
If the project is terminated, Adani can terminate the ILUA by giving one month's notice to the other two parties. The Agreement can also be terminated with the parties' written consent.
The Extract does not identify a start date of the ILUA. The Agreement was registered with the National Native Title Tribunal on 20 January 2014.
Whilst the Extract does not stipulate a specific end date for the ILUA, it does note at Clause 4 that the Agreement will run for the life of the project.
Native Title Provisions
Right to Negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed acts or to any surrender, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, 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.
Background to the Agreement:
Adani Australia Company Pty Ltd commenced in 2010 and has obtained a 99 year lease of the coal terminal at the Port of Abbot Point.
Native Title in the ILUA Area.
Juru Country is north from the Haughton River to Mt Gordon south of Bowen, east to the Barrier Reef and west to the Leichardt Range in North Queensland. This also include Cape Upstart National Park over which the Juru people hold native title rights.
On 26 July 2011 the Federal Court of Australia made a consent determination recognising the Juru People’s non-exclusive native title
rights over Cape Upstart National Park. The determination area is approximately 86 sq km of land.
The Juru People negotiated with the Queensland Government, Ergon Energy, Whitsunday Regional Council and fishing interests to reach agreement about their native title rights in the area. The determination allows the Juru People to carry out their traditional customs and activities and the Kyburra Munda Yalga Aboriginal Corporation was set up as the Prescribed Body Corporate.