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.
The agreement commences on the 23 May 2016.
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.
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.
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).