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Jirrbal People & Queensland Lapidary and Allied Crafts Club Association (QLACCA) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 February 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Herberton & 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 Jirrbal People #1 (QUD6001 of 2003) by the Federal Court of Australia on 8 October 2010. The ILUA area comprises about 63.9 hectares, and is located northwest of the Kennedy Highway, between Herberton and Ravenshoe in the state of Queensland. It falls within the jurisdiction of 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. QI2010/030
Alternative Names:
  • Jirrbal People & QLACCA Indigenous Land Use Agreement (ILUA)
  • Subject Matter:Land Use
    URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.030/ILUARegisterExport.pdf
    Summary Information:
    This Indigenous Land Use Agreement (ILUA) was agreed between the following parties:

    - Queensland Lapidary and Allied Crafts Club Association Inc ('QLACCA');
    - Cairns Mineral & Lapidary Club Association Inc ('Cairns Mineral'); and
    - Betty Cashmere and Gerald McKenzie on their own behalf and on behalf of the Jirrbal People.

    The purpose of this ILUA is to provide consent for certain acts relating to the fossicking activities of QLACCA, Cairns Mineral and their members.
    Detailed Information:
    Contents of this ILUA

    Pursuant to this ILUA, the Jirrbal People give consent to the following acts, whether or not they are future acts, in the ILUA area:

    - the grant of Fossicking Licenses to QLACCA and Cairns Mineral and their members;
    - the conduct of fossicking activities (that is, activities that may lawfully be undertaken pursuant to a Fossicking License) by QLACCA and Cairns Mineral and their members; and
    - camping by QLACCA and Cairns Mineral and their members.

    This consent does not apply to any Fossicking Exclusion Zone in the ILUA area.

    The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 do not apply to any future acts to which consent has been given under this ILUA.

    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 #1 v State of Queensland (unreported, 8 October 2010, Dowsett J) by the Federal Court of Australia. 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 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 #1 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)
  • Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Jirrbal People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Jirrbal People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Queensland Lapidary and Allied Craft Club Association Inc. - Signatory
  • Cairns Mineral & Lapidary Club Association Inc - 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 Register of Indigenous Land Use Agreements - Jirrbal People & QLACCA 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) QLD - Native Title Determination Summary - Jirrbal People #1
    Publication
    National Native Title Tribunal (8 October 2010) Jirrbal People’s Native Title Determination

    Documents

    Map
    Jirrbal People & QLACCA Indigenous Land Use Agreement - ( PDF)

    Glossary

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

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