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Memorandum of Understanding between the Ipswich City Council and Jagera People # 2
|Date:||27 November 2006|
|Sub Category:||Memorandum of Understanding|
|Location:||Ipswich City Council Administrative Region, Queensland, Australia|
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|Ipswich is located in south east Queensland, and comprises an area of 1207 sq kilometres. (Ipswich City Council Website, March 2007).|
|Subject Matter:||Collaboration / Partnership | Consultation | Cultural Heritage | Environmental Heritage | Local Government | Native Title | Recognition Agreement / Acknowledgement|
|The Memorandum of Understanding between the Ipswich City Council and Jagera People # 2 ('the MoU') was signed by:|
in the Lockyer Room at the Ipswich Civic Hall on the 27 November 2006. According to Councillor Paul Pisasale, 'the MOU is the culmination of 18 months of formal negotiations between council and the Jagera people.' (Moreton Border News, December 2006).
The MoU notes that although the Jagera People are the Aboriginal people who comprise the native title group for Native Title Determination Application QUD 6014/03 (Jagera People #2), for the purpose of the MoU, 'the native title claim group … includes the Jagera/Yuggera/Ugarapul' People. The Ipswich City Council is one of 12 councils under the Jagera people's native title claim. (NNTT, 2006).
Following the Federal Court's order that the Jagera People #2's native title claim be referred to the National Native Title Tribunal for mediation under the Native Title Act 1993 (Cth), the MoU's primary purpose is to 'establish an agreed framework for the mediation process and record the mutual objectives of the parties'. In addition to mediation objectives relating to either a consent determination of native title or a 'package of non-determination outcomes', it also explores opportunities for the incorporation of 'relevant aspects of any determination and non-determination outcomes in an Indigenous Land Use Agreement.'
While not a definitive list, the MoU lists preliminary ideas and suggestions for specific outcomes (including cultural heritage management, development of policies and procedures for dealings between parties, the 'promotion of involvement of the Jagera People in the broader social, cultural and economic life of the City of Ipswich', etc) by both the Jagera People and the Ipswich City Council.
It details the mediation process and the assistance that each Party to the MoU will provide to further the negotiations. It also provides for the ongoing involvement of ongoing local government organisations such as the Western Sub-Regional Organisation of Councils (WESROC).
The Parties acknowledge that the MoU is not confidential, and although it is intended to guide the Parties in the mediation of the native title claim, it is not legally binding and does not apply if mediation is terminated.
The MoU is claimed to be the first of its kind in Australia. (Ipswich News, 2006).
The groups aims to develop the ILUA by the end of 2007 (NNTT, 2006).
|National Native Title Tribunal (March 2007) 'Settling Native Title Step by Step' in Talking Native Title, Issue 22|
|Moreton Border News (8 December 2006) Tears of joy shed|
|Ipswich Advertiser (13 December 2006) Tears of joy shed|
|Ipswich News (2006) Historic Pact on Native Title|
|National Native Title Tribunal (2006) Local government and traditional owners move forward native title|
|Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Memorandum of Understanding|
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