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Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council Indigenous Land Use Agreement (ILUA)
|Date:||11 February 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Mount Coolon, Queensland, Australia|
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|The ILUA covers approximately 20,700 square kilometres of land and waters in and around the town of Mount Coolon, which is located approximately 120 kilometres west of Mackay and 150 kilometres of south of Townsville. The ILUA area is located within the jurisdictions of the Charters Towers Regional Council, the Isaac Regional Council and the Whitsunday Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 February 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2007/007.|
|Subject Matter:||Access | Consultation | Cultural Heritage | Land Planning | Land Use | Native Title|
|The Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council ILUA was agreed between:|
- the Charters Towers Regional Council, the Isaac Regional Council and the Whitsunday Regional Council; and
- Thomas Brown, James Gaston, Dorothy Hustler, Colin McLennan, Marie McLennan and Tyrone Tiers (being the registered claimants acting in the Jangga People native title claim (Tribunal File No:QC98/10))
The purpose of the ILUA is to prescribe how the Council parties can continue to provide services and develop infrastructure in the region. In particular, the ILUA provides unconditional consent to activities described as having 'Low Native Title Impact'. It also provides a framework for conducting activities described as having a 'High Native Title Impact' where certain conditions are met.
Following the signing of the ILUA, Isaac Regional Council Mayor Cedric Marshall noted that the agreement provided 'clear terms for [the Council] to follow when developing infrastructure, such as roads and buildings, and providing services to the communities including terms of access and consultation processes' (see Isaac Regional Council Media Release 2010).
The agreement was based on a template ILUA developed between the Local Government Association of Queensland and numerous native title claimant groups.
| Prospective consent to Low Native Title Impact Activities|
The parties consent to the performance of Low Native Title Impact Activities by the Council. A full list of those Low Native Title Impact Activities can be found at Schedule 8, attached to the National Native Title Tribunal Register Extract. They include:
- maintenance, repair, protection or making safe of existing infrastructure.
- the construction or establishment of infrastructure in prescribed situations (for example, to respond to an emergency or threat). In such situations, the infrastructure will be classified as 'Low Impact Infrastructure'.
- any activity involving the grant of statutory approvals.
- any activity involving the grant, issue, dedication (for public use), renewal or creation of an interest in land or waters so long as that interest does not fall within a category of High Impact Tenure Grants).
- pest control activities.
- activities designed to carry out an operational function of one of the local governments (as long as they are not classified as having a High Native Title Impact).
- access and site investigation activities.
There is a unique instance where an act may deemed to have a 'Low Native Title Impact' but still must adhere to certain procedural requirements. This is when there is the proposed construction of a capital work (infrastructure such as roads and sewerage systems designed to outlast the term of any particular council). In these circumstances, construction may proceed following the convening of a 'Capital Works Forum', in which it is decided that the works constitute a 'Low Native Title Impact'.
Prospective consent to High Native Title Impact Activities
A full list of those High Native Title Impact Activities can be found at Schedule 9, attached to the National Native Title Tribunal Register Extract. They include:
- the establishment of infrastructure which cannot be classified as 'Low Impact Infrastructure' (see above for details of what may be classified as Low Impact Infrastructure)
- Capital Works deemed at a Capital Works Forum to be of 'High Native Title Impact'
- High Impact Tenure Grants (which includes leases classified as Permitted Leases (for which a definition is not provided within the extract) and freehold grants)
- anything which prevents the exercise and enjoyment of native title rights and interest (unless the act is temporary, undertaken for reasons of public health, done pursuant to a permitted lease or required by law).
Where an act constitutes a High Native Title Impact Activity and also constitutes a capital work, the relevant local councils must receive consensus for such works to be carried out.
Where an act constitutes a High Native Title Impact Activity but does not constitute a capital work, the relevant local councils must comply with certain consultation provisions prescribed in the ILUA.
Retrospective validation of certain acts
The parties agree that certain acts validly performed before the execution of the ILUA do not extinguish native title. Such acts include the construction of roads, the improvement and maintenance of land and waters and grants of interests in land to local governments.
The ILUA also validates future acts invalidly done before the ILUA was executed.
Native Title in the ILUA Area
The ILUA area is located within the claim area of the currently active Jangga People native title claim (Tribunal File No: QC98/10; Federal Court File No: QUD6230/98). The application for this claim was originally filed with the National Native Title Tribunal on 2 April 1998.
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