Birriah People and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA)
|Date: ||4 November 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Bowen |
|Agreement covers about 1863 sq km west of Collinsville, about 40 km South West of Bowen in the State of Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 April 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/080|
|Subject Matter:|| | Mining and Minerals | Native Title|
|Summary Information: |
|The Birriah People and Adani Mining North Galilee Basin Rail Project Indigenous Land Use Agreement (ILUA) Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- David Miller, Gracelyn Smallwood, Colin McLennan, Frank Fisher, Ron Miller, David Lenoy [during the notice period for the ILUA, the Registrar was informed that this individual's name is Darren Lenoy, not David Lenoy as appears in the agreement] and Algon Walsh Jnr on their own behalf and on behalf of the Native Title Claim Group;
- Adani Mining Pty Ltd; and
- State of Queensland.
The purpose of the Agreement is to provide consent for Agreed Acts, including a surrender of native title rights and interests within the Agreement Area. |
|Detailed Information: |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 24 April 2015.
The Extract does not specify a start or end date for the Agreement.
The Extract does note, however, that the Agreement commences on the Commencement Date, being 4 November 2014. The Agreement operates until it is validly terminated.
Failure to register the Agreement within 12 months of the Commencement Date (or a later date agreed to in writing by the parties), will result in termination of this Agreement and the Ancillary Agreement.
Native Title Provisions
Consents by the parties
The parties agree to and consent to:
- the agreed acts;
- any surrender for the ILUA Project;
- any Taking of Native Title for the ILUA Project;
- the undertaking of the ILUA Project;
- the validation of any of the above that takes place prior to Registration.
Surrender of Native Title
Any Surrender intends to extinguish any native title that may exist in relation to the relevant part of the Surrender Area at the time of the Surrender.
Right to Negotiate
Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to any Agreed Acts, or to any Surrender or any Taking of Native Title.
The Agreed Acts are outlined in Schedule 2 (see attached) and include:
- the grant of any approvals relating to the ILUA Project;
- the undertaking of any acts pursuant to the above Grants or acts considered by Adani or a Third Party to be necessary or desirable for, or incidental to, the undertaking of the ILUA Project;
- the making, amendment or repeal of legislation, regulations, by-laws, ordinances (and similar acts) necessary or desirable for, or incidental to, the ILUA Project; and
- the validation of some acts.
Any works within the Agreement Area that Adani or any third party acting reasonably, considers necessary, desirable, related to or associated with planning, design, development, construction, operation and maintenance of:
(a) the Railway and other railway infrastructure;
(b) facilities for the conveying and haulage transportation of coal;
(c) access roads, haul roads and bridges;
(d) power generation facilities, power transmission facilities and power lines;
(e) telecommunication lines, communication cables and towers and other communication facilities;
(f) quarries and borrow pits;
(g) laydown areas and stockpiles;
(h) facilities for the storage, processing and transportation of gas including gas pipelines and other gas infrastructure related to the development, construction, operation and maintenance of
(i) facilities for the extraction, storage, processing and transportation of water including water pipelines, dams, bores and other water infrastructure related to the development, construction, operation and maintenance of the Railway;
(j) office or accommodation buildings, workshops, camps and any other building or structures;
(k) offices, workshops and any other building or structures;
(l) sewer pipelines and associated infrastructure;
(m) utility and industrial facilities and areas;
(n) loading or unloading infrastructure or facilities; and
(o) navigational equipment or aids, as well as each and every phase and component of the operations referred to above and
activities related to, associated with or incidental to the activities referred to above (including the phase of decommissioning and completing any final rehabilitation of those operations and
terminating or surrendering the Agreed Acts).
Taking of Native Title
Acquisition of native title rights and interests within the Surrender Area. This arises pursuant to the State Development and Public Works Organisation Act 1971 (Qld), the Transport Planning and Coordination Act 1994 (Qld), the Transport Infrastructure Act 1994
(Qld), the Acquisition of Land Act 1967 (Qld) or any other legislation that provides for the taking of land or waters or of rights or interests relating to land or waters.|