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Combined Dulabed & Malanbarra Yidinji - Tablelands Regional Council Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 August 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Southwest of Gordonvale, Far North Queensland, Australia
This ILUA covers around 120 square kilometres of land and waters in Far North Queensland, southwest of Gordonvale and east of Yungaburra and Lake Tinaroo. This area falls within the jurisdiction of the Tablelands Regional Council. It includes parts of Gadgarra Forest Reserve and areas of unallocated state land within the Tablelands Regional Council area, but does not include Wooroonooran National Park. The ILUA area falls within the Determination Area of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2009/069
Subject Matter:Housing, Construction and Infrastructure | Land Management | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.069/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Tablelands Regional Council and Len Royee and Lorraine Muckan on behalf of the Combined Dulabed and Malanbarra Yidinji People. The purpose of this ILUA is to set out the effects of present and future Tablelands Regional Council infrastructure on the Combined Dulabed and Malanbarra Yidinji People's native title rights and interests.
Detailed Information:
Pursuant to this ILUA, the Combined Dulabed and Malanbarra Yidinji People agree not to claim compensation from the Tablelands Regional Council if their native title rights and interests are diminished, impaired or extinguished by the establishment of "Extinguishing Infrastructure", or by the construction, use, operation and maintenance of "Non-Extinguishing Infrastructure". They agree to the Council's continued operation, use and maintenance of existing "Non-Extinguishing Infrastructure", as well as the land where this infrastructure is located, and also the land and waters adjacent to it. For the purposes of this ILUA, "Non-Extinguishing Infrastructure" is limited to Council infrastructure that was established in the ILUA area on or before the commencement of the ILUA.

To the extent of any inconsistency between the Combined Dulabed and Malanbarra Yidinji People's native title rights and interests and the operation, use and maintenance of Non-Extinguishing Infrastructure by the Council, the native title rights will be suppressed.

Future public works and activities

The parties also agree that if the Council plans to carry out works or activities in the ILUA area to which it has not already obtained consent, it may seek to have these works or activities classed as an "Approved Future Act". Under this ILUA, the parties consent to the doing of all Approved Future Acts.

Minor works

The parties also consent to the carrying out of the following minor works or activities on certain conditions:

  • Constructing Council infrastructure as required in emergencies;

  • Tree lopping around Council infrastructure;

  • Removing trees within the ILUA area as required in emergencies;

  • Repairing, reinstating, inspecting, maintaining and fencing Council infrastructure;

  • Erecting sign posts; and

  • Accessing the ILUA area at reasonable times for the purpose of undertaking the abovementioned activities with any necessary machinery or personnel.


  • Right to negotiate provisions

    The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to any "future acts" consented to under this agreement.

    Background to native title in the ILUA area

    The ILUA area falls within the determination of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia on 17 December 2009. This proceeding was the 84th consent determination to be made in Australia, and involved recognition of the Combined Dulabed Malanbarra Yidinji Peoples' native title rights over 16,460ha of land and waters in Far North Queensland. The Tablelands Regional Council was one of the respondents to this proceeding.

    In this proceeding, the Combined Dulabed Malanbarra Yidingi Peoples were recognised as having exclusive native title rights over one third of their claimed area, which consisted of unallocated state land. They were also recognised as having non-exclusive rights over 9,920ha of reserves and national parks, where they were entitled to perform cultural activities, hunt, fish and gather, camp on, traverse and access the land, and take and use its resources, including water, for personal and domestic (but not commercial) purposes. These non-exclusive rights were to be exercised alongside the rights of other parties.

    The consent determination does not take final effect until four Indigenous Land Use Agreements (ILUAs) that have been negotiated by the parties with respect to the ILUA area are registered. This ILUA is one of these agreements. It was negotiated with the intent of clarifying the parties' rights and interests in the area covered by the consent determination.

    Related Entries

    Agreement
  • Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 (17 December 2009)
  • Cairns Regional Council - Combined Dulabed & Malanbarra Yidinji - Goldsborough Valley Indigenous Land Use Agreement (ILUA)
  • Wooroonooran Indigenous Land Use Agreement (ILUA)
  • Combined Dulabed & Malanbarra Yidinji & Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Tablelands Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Len Royee and Lorraine Muckan on behalf of the Combined Dulabed and Malanbarra Yidinji People - Signatory
  • Dulabed and Malanbarra Yidinji People

  • References

    General Reference
    National Native Title Tribunal (5 October 2010) Extract from the Register of Indigenous Land Use Agreements: Combined Dulabed & Malanbarra Yidinji - Tablelands Regional Council Area ILUA
    Article
    Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) (2009) Recent Cases: Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498
    Fact Sheet
    National Native Title Tribunal (17 December 2009) Backgrounder: Combined Dulabed and Malanbarra Yidinji Native Title Determination
    Case Law
    Federal Court of Australia (17 December 2009) Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 (17 December 2009)
    Media Release
    National Native Title Tribunal (17 December 2009) Native title success for Dulabed and Malanbarra Yidinji
    Publication
    National Native Title Tribunal (February 2010) Combined Dulabed Malanbarra Yidinji Determination

    Documents

    Map
    Combined Dulabed & Malanbarra Yidinji - Tablelands Regional Council Area Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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