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Injinoo Pre-Prep Facility Indigenous Land Use Agreement (ILUA)
|Date:||28 June 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Injinoo, Queensland, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) covers 2242 square metres of land at Injinoo in the state of Queensland. The ILUA area is located on the Cape York Peninsula, southwest of New Mapoon and north of the Jardine Swamps. It falls within the jurisdiction of the Northern Peninsula Area Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 June 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/002|
|Subject Matter:||Education | Housing, Construction and Infrastructure|
|This Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and Meun Lifu on his own behalf and on behalf of the Gudang Yadhaykenu Peoples, Bethena McDonnell on her own behalf and on behalf of the Seven Rivers Angkamuthi Peoples and Cecelia Ropeyarn on her own behalf and on behalf of the Atambayah Peoples. The purpose of this ILUA is to provide consent for the grant of a Trustee Lease over the ILUA area, and for the doing of a series of acts related to the construction and operation of a Pre-Prep Facility on the ILUA area.|
|This ILUA was made to enable the extension of the Injinoo Pre-Prep - Year Seven Campus of the Northern Peninsula Area State College onto community land adjacent to the school. It was the first Indigenous Land Use Agreement to be made between an indigenous community and the Queensland Department of Education, Training and Arts. |
Pursuant to this ILUA, the parties consent to the grant of a Trustee Lease under the Aboriginal Land Act 1991 (Qld) over the ILUA area. They also consent to the undertaking of any act related to the construction or operation of a Pre-Prep Facility on the ILUA area. Such acts include survey activities, geotechnical investigations and the grant of licenses, permits and authorities.
The parties agree that no compensation will be applicable to their consent to either the grant of the Trustee Lease or the doing of the abovementioned acts in relation to construction.
The parties agree that the non-extinguishment principle under s 238 of the Native Title Act 1993 (Cth) applies to the grant of the Trustee Lease and the doing of all acts related to construction. 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 the grant of the Trustee Lease or to the doing of the acts related to construction.
|National Native Title Tribunal (28 June 2010) Extract from the Register of Indigenous Land Use Agreements - Injinoo Pre-Prep Facility ILUA|
|Northern Peninsula Area State College (30 August 2010) Injinoo Pre-Prep - Year Seven|
|Injinoo Pre-Prep Facility Indigenous Land Use Agreement (ILUA) Map - ( PDF)|
|Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)|
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