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Bar-Barrum and Herberton Shire Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 28 October 2002
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Herberton, Queensland, Australia
The ILUA covers the area of the Bar-Barrum native title claim Determination Area (National Native Title Tribunal file no.: QC96/105). The area is comprised of specified lots within an area of land south east of Atherton and two smaller areas of land located south east of Petford and south of Almaden, in north east Queensland. The lots are identified on plans attached to the extract from the Register of Indigenous Land Use Agreements for this ILUA and are available from the National Native Title Tribunal. (See also the map of the area available via the Gallery link on this page). The ILUA is within the Mareeba Shire Council area and the Cairns and District ATSIC region.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2002/043
Subject Matter:Future Act | Housing, Construction and Infrastructure | Land Use | Local Government | Native Title
Summary Information:
Under the Bar-Barrum People and Herberton Shire Council Indigenous Land Use Agreement (the ILUA), the Bar-Barrum People consent to future infrastructure being constructed by the Council in the area of their native title determination. A determination that native title exists in parts of the area of the Bar-Barrum People's native title claim (National Native Title Tribunal file no.: QC96/105) was made by the Federal Court in June 2001. The infrastructure authorised includes 'infrastructure (and associated tenures and approvals) which the Council may provide, or seek to provide, in its capacity as a local government or as an agent for another entity in the future. Such infrastructure is authorised on condition that the Council notify and consult with the native title holders, according to a process set out in Schedule 2 of the ILUA.

Without this consent and authorisation, future infrastructure would constitute future acts, (ie acts that may affect native title), under the Native Title Act 1993(Cth) and therefore be subject to the right to negotiate.

Related Entries

  • Congoo v State of Queensland [2001] FCA 868 (28 June 2001) - Requirement
  • Bar-Barrum and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Mareeba Shire Council Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Telstra Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum Fossicking Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum Permit to Occupy Indigenous Land Use Agreement (ILUA)
  • Joint Bar-Barrum Jirrbal Herberton Project Indigneous Land Use Agreement (ILUA)
  • Organisation
  • Bar-Barrum Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Aboriginal and Torres Strait Islander Commission (ATSIC)
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Bar-Barrum People

  • References

    National Native Title Tribunal (2001) The Bar-Barrum People's Native Title Determination: Questions and Answers
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name


    Bar-Barrum and Herberton Shire Council Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)


    Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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