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Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA)
|Date:||6 September 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Ravenshoe, Queensland, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) falls within the Determination Area of native title made in the proceeding QUD42 of 2004 by the Federal Court of Australia. The ILUA area comprises about 443 square kilometres of land west of Innisfail and Tully, and south of Atherton. It is located in the vicinity of Ravenshoe in Far North Queensland, and falls within the jurisdiction of the Cassowary Coast Regional Council and the Tablelands Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 February 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/033|
|Subject Matter:||Land Management|
|The Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA) was agreed between following parties on 6 September 2010: |
- the State of Queensland;
- the Wet Tropics Management Authority;
- the Wabubadda Aboriginal Corporation; and
- Gerald McKenzie and Betty Cashmere on their own behalf and on behalf of the Jirrbal People.
The purpose of this ILUA is to provide for the exercise of the Jirrbal People's native title rights and interests in certain national parks in Far North Queensland.
|Contents and purpose of this ILUA|
This Indigenous Land Use Agreement (ILUA) is intended to provide for the exercise of the Jirrbal People's native title rights and interests in parts of national parks and reserves including the Tully Falls National Park, Malaan National Park, Herberton Range Forest Reserve and Evelyn Creek Conservation Park.
While almost no detail of the contents of this ILUA has been provided on the National Native Title Tribunal Register of Indigenous Land Use Agreements, the Register Extract does state that the ILUA expires upon any of the following:
- a regulation giving effect to one or more Management Plans under s 69 of the Nature Conservation Act (Qld) with respect to the ILUA area;
- a determination that native title does not exist in the ILUA area; or
- 30 June 2020.
Background to native title in the ILUA area
The area covered by this ILUA falls within the Determination Area of native title made in the proceeding Jirrbal People #3 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J). This proceeding was one of three consent determinations that recognised the Jirrbal People's native title rights over approximately 92,003 hectares of land and waters, including sections of the Malaan National Park and Tully Falls National Park. The Wabubadda Aboriginal Corporation, which is a signatory to this ILUA, was established as the Prescribed Body Corporate to manage the Jirrbal People's native title rights on their behalf.
This ILUA is one of four Indigenous Land Use Agreements entered into by the Jirrbal People in relation to these consent determinations. These ILUAs are intended to provide for the exercise of the parties' rights and interests at ground level. Links to the entries for these agreements on the ATNS database have been provided below.
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