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Combined Dulabed & Malanbarra Yidinji & Ergon Energy Indigenous Land Use Agreement (ILUA)
|Date:||10 August 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||South of Gordonvale, Far North Queensland, Australia|
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|This ILUA covers about 47.15 square kilometres of land and waters in Far North Queensland, south of Gordonvale and east of Yungaburra and Lake Tinaroo. This area falls within the jurisdiction of the Cairns Regional Council and the Tablelands Regional Council. It includes parts of Gadgarra Forest Reserve, Wooroonooran National Park and areas of unallocated state land near the upper reaches of the Mulgrave River. This area extends beyond 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 10 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2009/018|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use|
|This Indigenous Land Use Agreement (ILUA) was agreed between Ergon Energy Corporation Limited (ABN 50 087 646 062) and Len Royee and others on their own behalf and on behalf of the Combined Dulabed and Malanbarra Yidinji People. The purpose of this ILUA is to provide consent for a range of "future acts" - acts that may have an impact on the native title rights and interests of the Combined Dulabed and Malanbarra Yidinji People.|
|Pursuant to this ILUA, the Combined Dulabed and Malanbarra Yidinji People consent to Ergon Energy performing any of the following future acts:|
For the purposes of this ILUA, the parties agree that "electricity infrastructure" means "works", including "operating works", under the Electricity Act 1994 (Qld).
The parties also agree that "minor works" includes the following kinds of future acts:
The parties agree that the non-extinguishment principle under s 238 of the Native Title Act 1993 (Cth) applies to all future acts covered by this ILUA. This principle provides that a future act that would otherwise extinguish native title over the ILUA area will not have that effect, but will instead suspend native title rights for the duration of the act.
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 ILUA.
Background to native title in the ILUA area
Part of the ILUA area is covered by 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. ILUA signatory Ergon Energy 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.
This 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.
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