About state ILUAs
A state Indigenous land use agreement (ILUA) is an ILUA that has been negotiated between the State, mining representative bodies, land councils and traditional land owners. It contains previously negotiated conditions that address native title requirements.
These agreements are generally made for small-scale mining ventures, such as alluvial gold and tin miners, and opal and gemstone miners. They are available only for applications made under the Mineral Resource Act 1989, and only to those targeting minerals, not coal.
A state ILUA is registered with the National Native Title Tribunal (NNTT), and binds the resource authority holder, the native title party and the Queensland Government to the conditions within the agreement.
If you satisfy a state ILUA's eligibility criteria, you can 'deed into' it. See below for information about deeding into a state ILUA.
Current state ILUAs
Registered state ILUAs currently in place are:
- NQMA small scale mining ILUA - Ewamian People - Part A (PDF, 1.5MB) Part B (PDF, 1.4MB)
- NQMA small scale mining ILUA - Western Yalanji People - Part A (PDF, 733KB) Part B (PDF, 1.3MB)
- NQMA small scale mining ILUA - Djungan People - Part A (PDF, 1.9MB) Part B (PDF, 1.3MB)
Eligibility to deed into a state ILUA
To determine whether you're eligible to deed into a state ILUA, please refer to the relevant ILUA. Eligible applicants must meet the definition of small miner as set out in the agreement and the applicant must be wholly within the ILUA area (see the table below). As this table lists only key criteria, please read the relevant ILUA document to see the full list of eligibility criteria.
|State ILUA||Key eligibility criteria|
NQMA small scale mining ILUAs:
Prospecting permits, mining claims, mineral development licences, exploration permits and mining leases
Term: can be any term
Maximum areas held:
General conditions on state ILUAs
Below are conditions that are usually included in each state ILUA. Please refer to the individual state ILUA for specific information and a full list of conditions.
- Applicants must be holders of a standard environmental authority (formerly level 2 environmental authority).
- Restrictions apply to the amount of land disturbance at any one time.
- The conditions imposed under a state ILUA are in addition to any mandatory conditions under the Mineral Resources Act 1989 and imposed by the environmental authority.
If there is a current state ILUA and your application satisfies the criteria of a registered state ILUA and you agree to its conditions, we may grant the resource authority under the state ILUA.
Once you execute the deed and return it to us with any required payments, the native title process is complete.
If you don't wish to deed into the ILUA, you need to complete another native title process.
There are costs associated with deeding into a state ILUA, which vary for each ILUA. Below is some general information, but you'll find more specifics in each agreement.
You usually need to pay:
- inspection fees for the completion of all native title claimant group inspections
- land use payments at grant or renewal, and possibly annual fees.
- Read the Native Title Act 1993 (Cwlth).
- Read our native title guidelines for help with native title compliance.
- Contact us for help with your native title requirements.
- Contact Northern Region for information about expired Mareeba district ILUAs.