|Details of the agreement
The ILUA was registered with the National Native Title Tribunal on 9 December 2013. The Extract does not stipulate a specific start or end date but the Agreement is said to commence when Capricorn Bulk Haulage and Central Highlands Gravel execute the Agreement.
The Agreement operates to provide the parties' consent to specified 'Project Activities' to the extent that they are future acts. The Extract provides that these activities are those related to:
a) Planning and preparation for a project;
b) The exploration, extraction, processing and production of quarry material;
c) The transportation of quarry material;
d) The stockpiling and storage of quarry material;
e) The use of quarry material in any value adding process;
f) The construction, operation, maintenance, repair or remediation of anything relating to any of the things referred to in paragraphs (a) to (e);
g) Anything else reasonably necessary for the establishment and operation of a hard rock quarry or extraction facility for fill or sand; and
h) Anything permitting or requiring any of the things referred to paragraphs (a) to (g).
Schedule 5 gives some examples of project activities.
The Agreement also allows project activities to be carried out by, for or on behalf of the proponent, any related Bodies Corporate of the proponent, any co-venturers and any other person entitled to benefit under this ILUA. The Extract defines the proponent as the joint venture between Capricorn Bulk Haulage and Central Highlands Gravel, where both companies are signatories to the ILUA.
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, 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:
Native Title in the ILUA Area
The Bulganunna Aboriginal Corporation administers land on trust for the Jangga people. In a consent determination on 9 October 2012, the Federal Court recognised the exclusive and non-exclusive native title rights of the Jangga People in an area spanning approximately 20,350 square kilometres in Central Queensland.
The claim was first filed in 1998 with an application for determination of native title lodged over an area west of Mackay, between the Leichhardt Range and the Great Dividing Range. This application was accepted for registration in 2000.
The Federal Court recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland.
At the special Federal Court sitting at Glenden, Justice Rares congratulated the parties on achieving a ‘mutually satisfactory result.’
Natural Resources and Mines Minister Andrew Cripps said today's decision reaffirmed the Jangga People's affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.
'This Native Title Consent Determination recognises the Jangga People's exclusive native title rights and non-exclusive rights to access, hunt, fish and gather within the determination area in accordance with their traditional laws and customs,' Mr Cripps said (The Honourable Minister Cripps, Media Release, 2012).
Jangga elder Col McLennan said the decision would greatly benefit his people.
"A lot of things are going to be bigger and better for the Jangga people and all the other traditional owners around the Jangga clan." (ABC News 2012)
The Determination Area includes 218 parcels of land comprising of reserves, national park, unallocated State land, pastoral holdings and lease land.
A number of Indigenous Land Use Agreements (ILUAs) have been entered into as a result of the determination. The ILUAs will establish how native title rights and interests will be exercised in the Determination Area, providing a framework for managing cultural heritage issues, future activities, and use and access arrangements.