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Palm Island Improved Land Management Practices Indigenous Land Use Agreement (ILUA)
|Date:||7 July 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Palm Islands, Queensland, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) comprises Great Palm Island, Curacoa Island, Fantome Island and Esk Island on the east coast of Queensland. The ILUA area is situated south of Cairns and northwest of Townsville. It falls within the jurisdiction of the Palm Island Aboriginal Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 July 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2011/001|
|Subject Matter:||Housing, Construction and Infrastructure | Land Management | Local Government|
|This Indigenous Land Use Agreement (ILUA) was agreed between the Palm Island Aboriginal Shire Council, the Manbarra Nanggarra Wanggarra Aboriginal Corporation and - Walter Palm Island, Allan Palm Island, Mahalingham Mabo and Nathaniel Surha on their own behalf and on behalf of the Manbarra People (the native title parties).|
The purpose of this agreement is to provide consent to a range of future acts that relate to works and activities, roads and council infrastructure in the ILUA area. The agreement is also intended to provide for the grant of a Trustee Aboriginal Lease to an entity nominated by the Manbarra native title parties.
|Content of this ILUA|
The parties to this ILUA agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been granted under this agreement.
Existing Council Infrastructure
Pursuant to this ILUA, the native title parties give their consent to the continued operation, use and maintenance of certain 'Non-Extinguishing Infrastructure', the land on which such infrastructure is located, and any land or waters that is adjacent to the land on which such infrastructure is located which is necessary for, or incidental to, its operation.
The parties agree that to the extent of any inconsistency between the Manbarra people's native title rights and interests, and the operation, use or maintenance of the Non-Extinguishing Infrastructure, the native title interests will be suppressed.
Future Council Works and Activities
The native title parties acknowledge the Palm Island Aboriginal Shire Council's responsibilities under the Local Government Act 2009 (Qld), which in particular include the responsibility to undertake works and activities in the ILUA area for the benefit of the Palm Island community.
The parties agree that if the council wishes to construct or carry out works or activities in the ILUA area, it may seek to obtain consent for such undertakings by having the works or activities designated as Approved Future Acts. A work or activity will be an Approved Future Act for the purposes of this ILUA if it is described to the native title parties in a Proposed Activity Notice or a Revised Activity Notice, and either:
- the native title parties give a Concurrence Notice, or
- consent is deemed to be given under Paragraph 10, Schedule 3 of the ILUA.
When planning future works and activities, the council is to meet with the native title parties for the purpose of ascertaining the cost of assessing the impact of these works and activities on native title rights and interests or on Aboriginal cultural heritage.
Minor Works or Activities
The parties give their consent to the construction or carrying out of minor works or activities in the ILUA area on certain conditions.
Road Opening and Road Closure Areas
The native title parties agree to the following future acts with respect to the Road Opening Areas identified in Schedule 5:
- operation and maintenance by or on behalf of the council;
- the use by the public; and
- the dedication by the Minister.
The parties also agree that the council will apply to the Minister to permanently close certain road areas under the Land Act 1994 (Qld). Upon closure, the land previously subject to a road may, upon the State's discretion, be incorporated into the adjoining tenure.
Consent to Agreed Leasing Acts
Pursuant to this ILUA, the parties give their consent to the following 'Agreed Leasing Acts' in the ILUA area, to the extent that they are future acts:
- the grant by the council of any lease or sublease;
- the transfer or registration of any lease or sublease; and
- the doing of any activity permitted by any lease.
The parties also agree that the council will not grant a Trustee Aboriginal Lease for commercial, scientific, research and similar purposes unless certain conditions apply.
The parties consent to the validation of any lease granted by the Council within the town area between the date of commencement of this ILUA, and the date upon which it is registered with the National Native Title Tribunal. However, prior to granting such a lease, the council must give the native title parties notice of the proposed lease grant, and must also take into account comments provided within 14 days of the notice.
Trustee Aboriginal Lease to Manbarra Entity
The parties give their consent to the grant of a Trustee Aboriginal Lease under the Aboriginal Land Act 1991 (Qld) to an entity nominated by the Manbarra native title parties. This lease will apply to the North East Bay Area, covering cultural, residential and commercial purposes for a period up to and including 99 years.
The grant of such a lease is subject to the meeting of all statutory requirements by the native title parties or by their nominated entity. The lease will be granted by the council within three months of the native title parties meeting these requirements.
The native title parties also give their consent to the development of Palm Island community infrastructure within the town area.
Background to this ILUA
This ILUA follows on from a non-binding Memorandum of Understanding ('MoU') signed by the Palm Island Aboriginal Shire Council and the Manbarra Nanggarra Wanggarra (the Manbarra People) on 15 March 2007. This MoU provides for negotiations between the council and traditional owners on Palm Island with respect to the resolution of native title and associated land tenure issues. It is intended to describe and inform the parties' ongoing relationship, taking into account their roles, responsibilities and functions. It acknowledges the Manbarra People as the traditional owners of the land, and recognises that as such they may make application for determinations of native title or compensation under the Native Title Act 1993 (Cth).
The ILUA also follows a partnership agreement entered into by the Australian Government and the Palm Island Aboriginal Shire Council on 11 October 2007 (see link below). This agreement is intended to represent a commitment to working together on reforms in areas such as housing, income management, service delivery, enterprise development and education for the benefit of the Palm Island Community.
This ILUA represents Queensland's first native title agreement for town-wide development and the leasing of land in an indigenous community (Robertson, Palaszczuk and Boyle 2010). It was signed in order to recognise and protect the native title rights and interests of the Manbarra People, while providing for the resolution of issues involved in the administration and lease of Deed of Grant in Trust land. As such, it has been described as an 'historic' agreement with significance for social housing, home ownership and economic and commercial development on Palm Island (Robertson, Palaszczuk and Boyle 2010).
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