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NOTIFICATION OF AUTHORISATION MEETINGS FOR INDIGENOUS LAND USE AGREEMENT UNDER THE NATIVE TITLE ACT 1993 (CTH) – BARADA BARNA PEOPLE AND BHP MITSUBISHI ALLIANCE

19/5/2024

Notification of authorisation meetings for Indigenous Land Use Agreement under the Native Title Act 1993 (Cth) – Barada Barna People and BHP Mitsubishi Alliance

All persons who are members of the Barada Barna People as described in the Barada Barna Native Title Determination (QUD380/2008; QCD2016/007) and all other persons who hold or may hold native title in relation to the land and waters in the proposed Indigenous Land Use Agreement (ILUA Area), as shown on the ILUA Area Plan and described below, are invited to attend ILUA authorisation meetings to consider whether to enter into the ILUA with the BM Alliance Coal Operations Pty Ltd (ACN 096 412 752) (BMA) described in this notice.

The members of the Barada Barna People are described in the Barada Barna Native Title Determination as the descendants of the following apical ancestors:

  1. Bob Lotus;
  2. Lizzy Payne;
  3. Daisy (wife of Booyah McDonald);
  4. Maggie (wife of Toby Barker & Peter Darwin & Michael Angus);
  5. “Polly” May (wife of Robert Nobel & Bert Fox);
  6. Lizzie (wife of Paddy Flynn);
  7. Polly (wife of Thomas Mitchell);
  8. Lucy Ross;
  9. Laura (wife of Duke/George Barker, Neddy/Teddy Sauney and Adam Bowen); or
  10. Charles Budby (father of George “Saltbush” Budby).

What is the ILUA about?

BMA, in its own right and as manager and agent for and on behalf of the Central Queensland Coal Associates Joint Venturers (CQCA Joint Venturers), the State of Queensland, the Barada Barna Aboriginal Corporation RNTBC (ICN: 8343) (BBAC) and the ‘BBAC Representatives’ (being Collette Brown, Nicholas Brown, Graham Budby, Lindsey Conway, Luarna Dynevor, Melanie Kielly and Nicole Muller) propose to enter into an Indigenous Land Use Agreement (Area Agreement) (ILUA) pursuant to Subdivision C of Division 3 of Part 2 of the Native Title Act 1993 (Cth) within the ILUA Area as shown in the ILUA Area Plan below. The ILUA Area is located wholly within the ‘Barada Barna Boundary’ described in the Barada Barna Native Title Determination.

The ILUA relates to six existing coal mines operated or previously operated by BMA as manager and agent for the CQCA Joint Venturers (Broadmeadow, Caval Ridge, Daunia, Goonyella Riverside, Peak Downs, and Saraji) and various other exploration, mining, infrastructure, and pastoral interests covering an area from approximately 40km north of Moranbah to approximately 100km south of Moranbah.

Under the proposed ILUA, the parties consent and agree, in summary:

  1. to the ‘Agreed Acts’, relating to ‘Project Rights’ within the ILUA Area, and the doing of any other act necessary, ancillary, incidental or expedient to give effect to ‘Project Rights’, but excluding acts relating to ‘Project Rights’ within the ‘Designated Area’ (which includes the Daunia mine) after the commencement of the ILUA;
  2. that each ‘Prior Act’ within the ILUA Area (i.e. relating to ‘BMA’s Business’, ‘Agreed Acts’ and other related acts prior to ILUA registration) is, was and, where it continues to exist remains, ‘Valid’ and enforceable;
  3. if for any reason a ‘Prior Act’ is invalid, to validate that Prior Act; and
  4. in return for benefits provided by BMA, to release BMA, the CQCA Joint Venturers, the State and any other party subject to the ILUA from all Compensation Entitlements relating to the ‘Agreed Acts’, the validation of ‘Prior Acts’ and effects on ‘Specified Matters’.

'Project Rights’ include, in summary:

  1. tenements and other rights to mine, quarry, extract or explore for minerals and water under the Mineral Resources Act 1989 (Qld) and Central Queensland Coal Associates Agreement Act 1968 (Qld) (CQCAA Act);
  2. legal, contractual or equitable interests or powers over or in connection with land, waters and tenements;
  3. other approvals, authorisations and reservations (etc.); and
  4. amendments, approvals and other actions relating to the CQCAA Act and Central Queensland Coal Associates Agreement,

held or to be held by any or all of BMA and the CQCA Joint Venturers, whether before, on or after the ILUA commences, and which are, in whole or in part, for or in connection with ‘BMA’s Business’.

BMA, in its own right and as manager and agent for and on behalf of the CQCA Joint Venturers, BBAC and Barada Barna Limited as trustee of the Barada Barna Charitable Trust, also propose to enter into a project agreement that will address the benefits to be provided in return for the consents and other covenants given under the ILUA.

ILUA authorisation meetings details

The following ILUA authorisation meetings will be held to comply with the requirements of the Native Title Act 1993 (Cth), the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) and the BBAC Rule Book in relation to authorisation of the ILUA and BBAC consulting and obtaining the consent of the Barada Barna People with respect to the proposed


Purpose of ILUA authorisation meetings

The purpose of the ILUA authorisation meetings is to consider whether to enter into the ILUA. Meeting attendees will be asked to make decisions at the authorisation meetings.

Registration

If you wish to attend a meeting you should register your interest with BBAC by email at returning.officer@baradabarna.org or mail at PO Box 626, Townsville QLD 4810. Attendances should be registered at least one week before the meeting you seek to attend.

There will be no travel assistance offered however light refreshments will be provided at each meeting.

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