|Details of the agreement
The ILUA was registered with the National Native Title Tribunal on 9 May 2014.
Clause 3.1 provides that the Agreement commences on 19 December 2013 (the execution date). The Extract does not stipulate a specific end date but the Agreement is said to operate for the duration of the project activities.
The Agreement operates to provide the parties' consent to:
a)Future acts and the surrender of native title where it is necessary to enable construction, operation and maintenance of rail corridors. The Extract defines a 'rail corridor' as an area of ILUA land that is up to 150 m wide and of unlimited length that connect the Carmichael coal mine to Abbott Point and the existing rail transport network;
b) Any other surrender of native title that is necessary for the Project to proceed;
c) Specified 'Project Activities' including the doing of all future acts and the validating of any future acts undertaken after the execution date that would otherwise have been invalid; and
d) All Future Acts that are necessary for the construction, operation and maintenance of the
'Project Activities' are defined in the Extract as those acts (including future acts) within the Agreement Area that are necessary for the coal mine project to proceed. The project activities include:
- construction, operation and maintenance of up to three rail corridors and a power corridor;
- construction, operation and maintenance of access roads, haul roads, bridges, groin walls, electricity transmission lines, telecommunication lines, communication facilities, quarries, borrow pits, laydown areas, stockpiles, water pipelines, gas pipelines, sewerage pipelines, other utility infrastructure, navigational equipment or aids, office or accommodation buildings, camps and any other building or structures necessary for the coal mine project;
- the clearing, management and rehabilitation of lands and waters and any flora and fauna within the ILUA area;
- surrenders of native title; and
- grants of approvals.
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.