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Jagera Wyaralong Dam Indigenous Land Use Agreement (ILUA)
|Date:||26 February 2008|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Wyaralong Dam, Queensland, Australia|
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|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'Agreement Area' means the area described and shown in Schedule 1. Schedule 1 includes a map of the agreement area (Wyaralong Dam) and further describes the area of the agreement by reference to a list of coordinates points. The area of the ILUA also falls within the jurisdiction of the Cairns & District Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 Feburary 2008. This is an authorised Area Agreeement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal No: QI2007/025|
|Subject Matter:||Cultural Heritage | Employment and Training | Housing, Construction and Infrastructure | Land Use | Water|
|The Jagera Wyaralong Dam Indigenous Land Use Agreement (ILUA) was agreed between Queensland Water Infrastructure Pty Ltd (QWI) (APPLICANT) and Clarence Bonner, Kenneth Bonner, James Bonner, Caroline Bonner-Bray, Clarrina McDonald, Tanya Oerterl, Eddie Ruska and Madonna William on their own behalf and on behalf of the Jagera, Yuggera and Ugarapul People on 26 February 2008. |
The purpose of the ILUA is to provide for the consent of the native title party to the grant of Project Rights for the planning, construction, operation maintenance and ultimate decommissioning of the part of the Wyaralong Dam covered by the ILUA (see above), being the northern part of the Wyaralong Dam Project area (QWI, 2008).
The ILUA was registered on 26 February 2008, and under clause 6 of the Agreement, it will end with whichever of the following occurs first:
- when, with notice to the native title party, the last of QWI's interests in relation to the project are surrendered, cancelled or discontinued; or
- the conclusion of decommissioning of Wyaralong Dam and any required rehabilitation of the affected land of the Wyaralong Dam.
|The parties to the ILUA consent to:|
- the grant to QWI of the Project Rights and the implementation of those Project Rights; and
- the construction, operation and maintenance of the Project and all works (including public and ancillary works such as construction of roads, flooding, instalment of power lines etc) necessary or incidental to the project; and
- the decommissioning of the Project and the required rehabilitation of land affected by the Project.
According to the QWI News Release, the ILUA also includes a Cultural Heritage Investigation and Management Agreement, which provides for ongoing employment opportunities throughout the construction of the dam.
The Agreement is a result of seven months of negotiation between parties, and covers an area which is part of the Queensland Government's dam construction which in total is estimated to cost $400-500 million (Ministerial Media Statement, 2006).
|Queensland Water Infrastructure Pty Ltd Tribunal registers Indigenous Land Use Agreement|
|Premier of Queensland (4 July 2006) Ministerial Media Statement: Beattie Government to Build New Dam at Wyaralong|
|Jagera Wyaralong Dam Indigenous Land Use Agreement - ( PDF)|
|Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)|
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