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

Category: Agreement
Date: 8 March 2002
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mareeba, Queensland, Australia
The areas covered by the Agreement are located in the vicinities of Herberton, Irvinebank, Petford and Almaden in Far North Queensland and collectively cover an area of about 316 sq km. The areas covered by the Agreement are those areas where native title was determined on 28 June 2001 by the Federal Court of Australia to exist in the Bar- Barrum People's native title determination application (QG6222 of 1998). The Agreement does not cover areas within the external boundaries where native title has been extinguished, namely, areas subject to the miner's homestead leases named in Schedule 2 of the Federal Court Determination dated 28 June 2001, public work areas, opened roads, dedicated roads, roads legally constructed for public use and the Cairns to Forsayth railway line (Mungana Branch line). The Agreement falls within the Shire of Mareeba.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: QI2001/053
Subject Matter:Housing, Construction and Infrastructure | Native Title | Recognition of Native Title or Traditional Ownership | Local Government | Future Act | Land Use
Summary Information:
Under the Bar-Barrum People and Mareeba Shire Council Indigenous Land Use Agreement (the ILUA) the native title holders of the area, the Bar-Barrum People, consent to all future council infrastructure work that may need to be done in the area of the Bar-Barrum People's native title claim determination. Schedule 2 of the ILUA sets out procedures for Council to follow in undertaking the construction and establishment of future infrastructure. Without this agreement, this work would be subject to the future act and right to negotiate provisions of the Native Title Act 1993 (Cth). The ILUA also provides an acknowledgement that it is necessary for Council to access any infrastructure within the area of the determination.

The ILUA contains a recognition of native title in the determination area by the Council.

Related Entries

Agreement
  • 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 Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Bar-Barrum and Herberton 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
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Bar-Barrum Aboriginal Corporation - Signatory
  • 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

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

    Documents

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

    Glossary

    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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