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Indigenous Land Use Agreement Qld

09.23.21 Posted in Uncategorized by

The deal, known as the Western Cape Communities Co-existence, refers to one of the world`s largest bauxite mines, now operated by Rio Tinto. It is also known as the Comalco Indigenous Pays Use Agreement (ILUA). Signatories include 11 traditional ownership groups in Queensland, four Aboriginal community councils (Aurukun, Napranum, Mapoon and New Mapoon), Comalco Aluminium Limited and Cape York Land Council, on behalf of local titles. The Queensland Government is also a signatory and has agreed to provide additional financial benefits upon registration of the agreement. The ILUA includes two mining leases, but it provides for the approval of all “extensions, renewals or replacements” necessary for access to and transport of materials between areas. The parties also agree that Queensland Ports Corporation grants the country and rights necessary for the operator to fulfill its interests in the contract territory, including the shipment of goods to and from Weipa. The ILUA clarifies that this consent is not intended to “exclude the application of laws relating to the protection of Aboriginal cultural heritage or the protection of the environment”. The Native Title Act 1993 allows applicants for mining or exploration authorities and parties to the title, registered and specific, to enter into indigenous land use agreements on how the lands and waters of the contract area will be used and managed in the future. Under the Native Title Act, exploration or mining activities invoke the “right to negotiate” which provides local title parties with the opportunity to negotiate agreements with supporters. These agreements lay down the conditions for the implementation of the forthcoming legislative act, including, in certain cases, provisions on employment and training, the protection of environmental or cultural heritage or compensation and payments. If the parties fail to reach an agreement, a party may apply to the Native Title Tribunal for a decision. A registered contract has the same status as a legitimate contract.

It binds all parties under the terms of the contract, including the parties under the national title, who may not have been identified at the time of conclusion of the contract. . . .

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