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Barron Gorge National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 July 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Barron Gorge National Park, Queensland, Australia
The ILUA applies to the same area as the native title determination. The ILUA area thus means all the land and waters described on Lots 1-14 on Djabugay People's native title determination plan AP9685, covering part of the land and waters of the Barron Gorge National Park being lot 880 on Plan NPW459. The ILUA falls within the Cairns City Council and the Mareeba Shire Council, as well as the Cairns & District Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2004/051
Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
Summary Information:
The Barron Gorge National Park Indigenous Land Use Agreement (ILUA) brings into effect the Djabugay People's native title determination handed down by the Federal Court in 2004. The ILUA is a voluntary agreement made between the Djabugay People, the State of Queensland and Djabugay Native Title Aboriginal Corporation, which relates to the exercise of native title rights and interests within the area of the Barron Gorge National Park.
Detailed Information:
Duration of the ILUA
The ILUA commenced on 10 December 2004. It expires on the earlier of:
a) a regulation giving effect to the management plan in accordance with section 69 of the Nature Conservation Act 1992 (Qld); or
b) 31 December 2010; or
c) a Determination by the Federal Court that native title does not exist in the ILUA area.

Content of the ILUA
The ILUA concerns the terms of access, in particular the exercise of native title rights and interests in the ILUA area. The agreement was signed to ensure the good management of the Barron Gorge National Park.

In a summary of the Djabugay native title determination, the National Native Title Tribunal details the content of the ILUA in the following way:

'The ILUA says that the Djabugay People will:
- carry out any hunting in the Barron Gorge National Park in a manner consistent with the public enjoyment of the park and with the management principles of National Parks
- not use firearms in the Barron Gorge National Park, except as expressly authorised by Queensland Parks and Wildlife Service
- not take or interfere with rare, endangered or vulnerable species in the Barron Gorge National Park
- not, without the further agreement of Queensland Parks and Wildlife Service, camp in the Barron Gorge National Park for periods of longer than four weeks at a time.'
(National Native Title Tribunal, 2005, 'Djabugay Determination: Background Information 17 December 2004').

Related Entries

Agreement
  • Djabugay v Queensland [2004] FCA 1652
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Djabugay Native Title Aboriginal Corporation - Signatory
  • Cairns City Council
  • Mareeba Shire Council
  • Cairns and District Regional Council
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Cairns Regional Council
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Djabugay People
  • Barry Hunter and others - Signatory

  • References

    Media Release
    National Native Title Tribunal (2004) Native Title Recognised over Barron Gorge National Park
    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name
    National Native Title Tribunal (2004) Djabugay Determination: Background Information 17 December 2004

    Glossary

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

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