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Tagalaka Croydon Area Indigenous Land Use Agreement (ILUA) #1
|Date:||19 August 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Croydon, Queensland, Australia|
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|The ILUA area is located in the local government area of the Croydon Shire Council area of central northern Queensland. It falls within the Cairns and District Regional Council ATSIC region. The ILUA area includes land and waters subject to the Tagalaka native title claims QC6109 of 1998 and QG6020 of 2001.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal No.: QI2003/021|
|Subject Matter:||Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Native Title - Extinguishment|
|The Tagalaka Croydon Area Indigenous Land Use Agreement #1 (ILUA) was agreed to between the State of Queensland, the North Queensland Land Council, Native Title and Indigenous Land Services (NTILS) and the Croydon Shire Council. The purpose of the ILUA is to provide consent for a range of future acts regarding local government infrastructure as well as access within the township of Croydon, the area of the Belmore Dam and the Croydon Airport. It also sets out the nature of the activities that can be carried out by the Native Title Parties in these areas.|
|Under the ILUA, the claimants and other parties agree to the surrender of native title to the State. This is intended to extinguish any native title rights and interests that may exist in relation to the Area of Surrender.|
The parties also agree that the 'right to negotiate' provisions of Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth) do not apply to the future acts described in the ILUA. These relate to access and works for Belmore Dam, Reserves, Croydon Recreation Reserve and road openings. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the act in order to be valid. Under the ILUA, the parties agree that the future acts may be done.
In addition, the Native Title Parties on behalf of the Native Title Group agree to surrender to the State any native title rights and interests that may exist in relation to the Area of Surrender, effective upon the performance by the Croydon Shire Council of its obligations under the Ancillary Agreement or the date of the commencement of the lease referred to in Item 1 of Schedule 4 to the ILUA, whichever is the latter.
The non-extinguishment principle applies to the acts set out in Schedules 4 - 8 of the ILUA.
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