|Print this page|
Djiru People Tenure Resolution Indigenous Land Use Agreement (ILUA)
|Date:||22 August 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cassowary Coast, Queensland, Australia|
|Click this link to search this location with google maps|
|The agreement covers about 183 hectares and is located over various lots in the area to the east of Tully.|
|Legal Status:||Registered with the National Native Title Tribunal|
|Legal Reference:||National Native Title Tribunal No: QI2011/006|
|Subject Matter:||Future Act | Land Use|
|The agreement is between:|
- The State of Queensland; and
- Djiru Warrangburra Aboriginal Corporation; and
- Dawn Hart, John Clumpoint, Charity Ryan, Beryl Buller, Rae Kelly, Margaret Murray and John Andy.
|Content of the ILUA|
Commencement and Termination
The agreement commences upon registration [22 August 2011]. However, clauses 2 (authority to enter into agreement), 4 (commencement and termination of agreement), 7 (registration as an area agreement) and 29 (confidentiality) commence upon the execution date. The execution date is the day on which the parties executed the agreement, and if it was executed on different days the later of the days. It is not known when the agreement was executed. Therefore, it is not known when these clauses became active.
The agreement can be terminated by the written agreement of the parties. However, if the agreement is terminated, clauses 5 (consent and validation), 19 (compensation), 20 (indemnity), 21 (release and waiver) and 29 (confidentiality) continue to apply.
The parties consented to the following future acts:
- The surrender of a particular area (detailed on Map 2 of the agreement). This surrender is intended to extinguish any native title that may exist in relation to the area.
- The grant of land (detailed on Map 1 of the agreement) to the Djiru Warrangburra Aboriginal Corporation.
- Entering into and being bound by the Conservation Agreement. A Conservation Agreement is an agreement under the Nature Conservation Act 1992(Cth).
- The dedication, use and management of the National Park Area, Nature Refuge Area and Reserve Area (identified on map 1) as a national park, a nature refuge and a reserve respectively.
- In regard to the future tenure area (identified on map 1): the grant of a lease; or the dedication, use and management as Road for public use.
- The doing of any activities by the Department of Environment and Resource Management in accordance with clause 16. This clause, however has not been released by the National Native Title Tribunal. It is therefore unknown what it refers to.
- All acts necesary to give effect to the above acts.
The parties also agreed that any acts that were invalidly performed prior to registration [22 August 2011] are made valid to the extent that they are future acts.
The Right to Negotiate
The right to negotiate (see glossary) does not apply to any future acts consented to in the ILUA.
Background to the ILUA
The Djiru People filed an application in the Federal Court of Australia on 7 March 2003 and a futher claim was filed on 7 July 2003. The combined determination area consists of about 9440 hectares of land and waters. On 1 September 2011, the Federal Court of Australia recognised exclusive native title rights over 540 hectares of land and non-exclusive native title rights over 8900 hectares of land.
In response to the application and consequent determination of native title, the Djiru Peoples have entered into a number of ILUAs. This ILUA is one of three ILUAs signed by the Djiru People on 22 August 2011. The others are the Djiru People and Ergon Energy ILUA and the Djiru People Protected Areas ILUA. The Djiru people also entered into a fourth ILUA with the Cassowary Coast Regional Council which was registered with the National Native Title Tribunal on 29 April 2010.
This series of ILUAs therefore negotiates the interests of the indigenous owners recognised in the consent determination and the interests already existing in the determination area.
Was this useful? Click here to fill in the ATNS survey