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Eastpoint Mackay Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 March 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mackay, Queensland, Australia
The ILUA area is located east of Bassett Basin in the City of Mackay and subsequently falls within the area of the Mackay City Council and the Townsville Regional Council. The ILUA includes the land and waters within Lot 18 and Lots 100-102 on SP150994; and Lot A on Plan AP10074.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2003/00
Subject Matter:Native Title | Housing, Construction and Infrastructure | Tourism | Land Use | Native Title - Extinguishment
Summary Information:
The Eastpoint Mackay Indigenous Land Use Agreement (ILUA) facilitates the grant of a Development Lease to Eastpoint Mackay Pty Ltd by the State of Queensland. The Development Lease will provide for a commercial and residential development in Mackay.
Detailed Information:
The ILUA allows the State of Queensland to grant a Development Lease to Eastpoint Mackay Pty Ltd (EMPL). This is done under the Land Act 1994 (Qld). The proposed development refers to an 'integrated tourist and residential development', described in a development application that has been submitted to, and approved by the Mackay City Council. If subsequent variations to the application are approved by the Mackay City Council, these changes will be covered by the ILUA.

Under the agreement, the Traditional Owners surrender Native Title in the ILUA area to the crown. This means that any native title rights and interests that may exist in the ILUA area have been extinguished.

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the surrender of Native Title, the grant of Development Titles, or to the Development noted above, as the alternative consultation measures have been followed instead.

The ILUA takes effect on the date the agreement is executed, and operates for the term of any Development Lease granted over the ILUA area.

Related Entries

Organisation
  • National Native Title Tribunal
  • Mackay City Council
  • State of Queensland - Signatory
  • Eastpoint Mackay Pty Ltd - Signatory
  • Central Queensland Land Council Aboriginal Corporation
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Land Act 1994 (Qld)
  • People
  • Mr Christopher Dunrobin and others - Signatory
  • Wiri People
  • Yuibera People
  • Place
  • East Point Development

  • References

    Article
    Judy Kelly (2004) Native Title on East Point
    Conference Paper
    Greg Long and Mike Mason (2003) The Challenges of Coastal Development Approvals
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Eastpoint Mackay Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

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

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