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Waanyi People Boodjamulla National Park Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 October 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Boodjamulla National Park, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) is located southwest of Doomadgee, west of Gregory Downs and north of Camooweal and comprised of about 3,798 square kilometre. The area is located some 120 kilometres south of the Gulf of Carpentaria.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 14 July 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/041
Subject Matter:Future Act | Land Use | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.041/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and Ada Walden and others on their own behalf and on behalf of the Waanyi people. The purpose of this ILUA is bring into effect the Federal Court determination of native title.
Detailed Information:
ILUA Content

This agreement pertains to the exercise of native title rights and interests in relation to pastoral holdings and the Boodjamulla National Park.

Commencement

Clauses 1 (Definitions and Interpretation), 2 (Commencement and Termination), 3
(Authority) and 8 (Registration of the Agreement) commence on the date of signing the document, that is on 27 October 2010.

The remaining clauses of the Agreement are specified to commence upon either registration or the commencement of a Determination depending on whichever occurs last. In this case, the ILUA was registered on 14 July 2011 and the Determination occured on 9 December 2010. This means that the remaining clauses of the ILUA are now in operation.

Termination

This agreement may be terminated in the following circumstances:
- in accordance with clause 5.3. The clause states that if within 12 months of a notice being served an arrangement that has the effect that Waanyi People will not be required to pay fees has not been made then the Prescribed Bodies Corporate may terminate the Agreement by a further notice in writing to the State;
- by written agreement of the Parties; or
- after 18 months of the date of this agreement if a Determination has not commenced in that time. A Determination has now commenced so the agreement can no longer be terminated on this ground.

Details
The precise details of the ILUA have not been released on the National Native Title Tribunal register. What is certain is that the ILUA does not contain any statements that would validate future acts.

Background to Native Title in the ILUA Area

The Legal Process
This ILUA comes at the end of a long legal campaign by the Waanyi people. In August 1999, the Waanyi people filed an application for native title (Federal Court File Number: QUD 6022 of 1999) in the Federal Court of Australia for the Boodjamulla area. The court process was extended due to a separate application to determine an intra-Indigenous dispute. The dispute was brought before the Court by Mr Phillips who claimed that his ancestor, 'Minnie', was a Waanyi woman, and that he and her other descendants should be recognized as members of the claim group. However, Judge Dowsett, on 12 October 2010 found that Minnie was not a part of the claimant group.

After 11 years, the Waanyi people were granted native title in a consent determination handed down at the Century Zinc Mine on 9 December 2010. The Court granted rights to hunt, fish, to camp, to light fires, to burial and to conduct ceremonies. A full list of the rights can be found in Clause 5 of the Consent Determination. The registration of this ILUA brings into effect these rights.

The Land
The area covered by the ILUA is approximately 1.73 million hectares. It accounts for about one third of all land on which native title has now been determined in Queensland, and is the largest determination of native title in Queensland.

For the Waanyi people, Boodjamulla is an integral part of Waanyi country. It has particular spiritual significance as sacred Rainbow Serpent country. Significant rock art and artefact sites are found throughout this area.

The land also covers the MMG Century Zinc Mine. The company had worked very closely with the indigenous people for the 15 years prior to the Consent Determination. The Mine and the Waanyi people previously entered into the Gulf Communities Agreement in 1997 in which the mine committed to providing employment and training to Waanyi people. For a comprehensive description of this agreement see the link to Gulf Communities Agreement in the related entries section of this entry. The Consent Determination and the ILUA will have no effect on MMG's mining rights and operation.

Related Entries

Agreement
  • Waanyi ILUA for Backlog Exploration Permits Indigenous Land Use Agreement (ILUA)
  • Walden & Ors on behalf of the Waanyi Peoples v State of Queensland & Ors (unreported, FCA, 9 December 2010, Dowsett J)
  • Gulf Communities Agreement
  • Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Waanyi People - Signatory

  • References

    General Reference
    National Native Title Tribunal (14 July 2011) Extract from the Register of Indigenous Land Use Agreements: Waanyi People Boodjamulla National Park ILUA
    National Native Title Tribunal (2011) Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements: Waanyi People Boodjamulla National Park ILUA
    Chalk & Fitzgerald Lawyers & Consultants (2010) Landmark Decision for the Waanyi People
    Media Release
    Minister for Natural Resources, Mines and Energy and Minister for Trade, The Honourable Stephen Robertson (9 December 2010) Traditional owner rights recognised in north west Queensland
    Newspaper Article
    Darren Cartwright (10 December 2010) Win-Win for Waayni People and Miners
    Report
    David Brereton et. al. (2007) Mining and Indigenous Tourism in Northern Australia
    Carpentaria Land Council Aboriginal Corporation (2009) Annual Report 2008 - 2009

    Documents

    Map
    Waanyi People Boodjamulla National Park ILUA Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia) | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Litigated Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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