Kwokkunum Access Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per clause 2.2 of the agreement as the Kwokkunum Access Track. The attachment to the Extract describes the external boundary of the agreement area as all the land and waters within Lot 211 on Plan SP241404 bounded by a 100m buffer of a line joining the attachment's listed coordinate points.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 6 September 2017. This is a body agreement under the Native Title Act 1993 (Cth).

The Kwokkunum Access Indigenous Land Use Agreement (ILUA) was made between the Ngan Aak-Kunch Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) and RTA (Rio Tinto Australia) Weipa Pty. Ltd.

The purpose of the agreement is to provide RTA Weipa Pty Ltd with consent to vary the land it uses (Kwokkunum) to include the Kwokkunum Access Track.

The agreement area covers a corridor of about 4.3 sq km, about 200m wide, located north of the Aurukun Rd on the Cape York Peninsula and about 38 km southeast of Weipa.

The Native Title Representative Body for this area is the Cape York Land Council Aboriginal Corporation.

Details of the Agreement:

The agreement provides for the inclusion of the Kwokkunum Access Track as a variation to land used (Kwokkunum) by RTA Weipa Pty Ltd for activities in relation to its bauxite operation.

The Kwokkunum Access Track is a corridor about 200m wide, covering about 4.3 sq km, north of the Aurukun Rd on the Cape York Peninsula, about 38 km southeast of Weipa.

Commencement:

The agreement commences on the 23 May 2016. 

Termination:

The agreement will terminate on the earliest of:

• the date when the parties agree in writing to terminate the agreement; and
• the dates, under the terms set out in clause 10 of the agreement, in relation to the agreed terms of notification concerning the removal of structures installed as part of the activities conducted on the Kwokkunum Access Track.

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 in relation to the recording of the access variation for the area ML7024 (Kwokkunum) to include the Kwokkunum Access Track, and any other grants, consents or permissions provided to RTA Weipa Pty Ltd in the agreement.

Extinguishment:

The agreement makes no statements in relation to s 24EB(3) of the Native Title Act 1993 (Cth). This means that the parties agree that the non-extinguishment principle applies, so that any activities authorised by this agreement that may be inconsistent with native title rights and interests do not extinguish thoses rights and interests, instead they are revived when the activities are finished.

Future acts:

Ngan Aak-Kunch Aboriginal Corporation RNTBC consents to the recording of the access variation and any other further consents required or desired by RTA Weipa for the agreed track activities.

The consent includes the recording of the access variation by RTA Weipa's chief executive as referred to in s 317(9)(a)(i) of the Mineral Resources Act 1989 (Qld).

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