Nathan Dam, Glebe Weir Raising and Pipelines Project Indigenous Land Use Agreement (ILUA)
|Date: ||14 January 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Taroom and Wandoan|
|The Agreement Area covers about 1,646 square kilometres in the vicinity of Taroom and Wandoan in the the Western Downs Region and Banana Shire Region of the State of Queensland.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 July 2013. |
|Legal Reference: ||National Native Title Tribunal File No.: QI2013/09|
|Subject Matter:||Economic Development | Housing, Construction and Infrastructure | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Nathan Dam, Glebe Weir Raising and Pipelines Project Indigenous Land Use Agreement (ILUA) is an Area Corporate Agreement between:
- SunWater Limited(applicant);
- Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddie Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dod-Ugle and Heidi Anne-Marie Lawson on their own behalf and on behalf of the Iman People #2;
- Desmond Dodd, Robert Bond, Robert Clancy, Drew Millar, Neil Saltner, Marjorie Reid, Elizabeth Law, Elizabeth Blucher, Annette Fuller, Celeste Williams, Ivan Saltner, Jeffrey Williams, Brian Clancy, Jill Wilson and Elliot Anderson on their own behalf and on behalf of the Wulli Wulli People; and
- State of Queensland, Department of Natural Resources and Mines.
The purpose of this Area Agreement is to authorise the undertaking of the Nathan Dam, Glebe Weir Raising and Pipelines Project on the land covered by the ILUA.|
|Detailed Information: |
|Details of the agreement
The start date of the Agreement is 14 January 2013. The ILUA was registered with the National Native Title Tribunal on 5 July 2013. No end date is specified but the parties' consent given in clause 8.1(a) is said to be withdrawn on 31 December 2020 in relation to any specified agreed acts that have not yet been done.
The Agreement provides for the parties' consent to certain 'agreed acts'. The Extract defines the agreed acts in clause 1.1. They are:
- the doing of the ILUA project;
- the grant of project rights and the implementation of those rights. The project rights are authorisations from government authorities in connection to the ILUA project, and the grant in fee simple of some or all of the surrender area;
- the surrender of land for the purpose of extinguishment of native title; and
- the doing of any other act which required for the construction and maintenance of the ILUA project.
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 Iman People #2 Native Title Claim Group is the registered entity of the Iman People #2 (Federal Court file no: QUD6162/98; Tribunal file no: QC97/55).
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.
The Iman People are currently working with the Queensland Government on a timeline for a consent determination.
The Wulli Wulli People lodged an application for the recognition of native title rights and interests in 2000 over 5465 square kilometres of land surrounding Theodore in central Queensland(Federal Court file no: QUD6006/00; Tribunal file no: QC00/7). The claim has been registered.