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Nywaigi Indigenous Land Use Agreement (ILUA)
|Date:||27 May 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Kinduro, Queensland, Australia|
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|The ILUA area stretches over approximately 4.1 hectares of part of Lot 59 on Plan NPW935. The ILUA area is located close to Kinduro, extending through Paluma Range National Park.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 December 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/021.|
|Subject Matter:||Consultation | Land Use | Native Title|
|The Nywaigi ILUA was agreed between:|
- Townsville City Council
- State of Queensland
- Victor Bligh and Pearl Lightning and Ernest Addo on their own behalf and on behalf of the Nywaigi Native Title Group
The purpose of the ILUA is to provide consent for the construction of a water treatment plant (the Mt Kinduro water treatment plant).
|The ILUA provides consent for the construction and operation of the Water Treatment plant in the ILUA area. This includes consent to preliminary investigations of the site, as well as the grant of any relevant approvals and associated rights to conduct development.|
Associated with this, the ILUA also provides consent for the grant of a statutory authority to conduct such works, as well as the amendment of environmental regulations (made pursuant to the Nature Conservation Act 1992 (Qld)) so as to permit the works. The relevant amendment was carried out on 21 August 2008, prior to the registration of this ILUA.
The parties agree that they will not object to the construction of the plant or the grant of the statutory authority for construction. They will similarly not do, or fail to do, anything which would delay the future acts.
Validation of invalid Future Acts
The parties agree to validate the amendment of the environmental regulations as well as any construction acts or grants of authority prior to the registration of the ILUA.
The parties agree that the abovementioned future acts will not extinguish any native title rights or interests, although such interests will be suspended where they are inconsistent with the rights exercised by the non-native title parties.
The parties also agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of the construction acts.
Native Title in the ILUA Area
The Nywaigi People do not have any registered native title claims over land or waters. North Queensland Land Council documents indicate that a claim has been proposed and registration is imminent. The Nywaigi people have have occupied lands north of Townsville, Tropical North Queensland for over 45,000 years.
|North Queensland Land Council (2008-2009) Annual Report 2008-09|
|Nywaigi Traditional Owners (2004) The Story of Mungalla Station and its Aboriginal Owners|
|National Native Title Tribunal (8 September 2010) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements|
|National Native Title Tribunal (2010) QLD - Registered ILUA - Nywaigi ILUA QI2010/021|
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