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Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 September 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Ravenshoe, Queensland, Australia
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
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.033/ILUARegisterExport.pdf
Summary Information:
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.
Detailed Information:
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.

Related Entries

Agreement
  • Jirrbal People #3 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)
  • Jirrbal People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Jirrbal People & Queensland Lapidary and Allied Crafts Club Association (QLACCA) Indigenous Land Use Agreement (ILUA)
  • Jirrbal People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Wet Tropics Management Authority - Signatory
  • Wabubadda Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Gerald McKenzie and Betty Cashmere on their own behalf and on behalf of the Jirrbal People - Signatory
  • Jirrbal People

  • References

    General Reference
    National Native Title Tribunal (7 February 2011) Extract from the Register of Indigenous Land Use Agreements - Jirrbal People Protected Areas ILUA
    Media Release
    Stephen Robertson (October 8 2010) Jirrbal People’s Traditional Rights Recognised
    Newspaper Article
    Sydney Morning Herald (8 October 2010) NT Native Title Success
    Resource
    National Native Title Tribunal (2010) Native Title Determination Summary - Jirrbal People #3
    Publication
    National Native Title Tribunal (8 October 2010) Jirrbal People’s Native Title Determination

    Documents

    Map
    Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA) - Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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