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Waanyi People Boodjamulla National Park Indigenous Land Use Agreement (ILUA)
|Date:||27 October 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Boodjamulla National Park, Queensland, Australia|
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|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|
|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.|
This agreement pertains to the exercise of native title rights and interests in relation to pastoral holdings and the Boodjamulla National Park.
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.
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.
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 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.
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