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Djiru People Tenure Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 August 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cassowary Coast, Queensland, Australia
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
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2011/QI2011.006/ILUARegisterExport.pdf
Summary Information:
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.

Detailed Information:
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.

Future Acts
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.

Related Entries

Agreement
  • Djiru Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA)
  • Djiru People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Djiru People & Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Hart on behalf of the Djiru People #2 v State of Queensland [2011] FCA 1056 (1 September 2011)
  • Hart on behalf of the Djiru People #3 v State of Queensland [2011] FCA 1056
  • Organisation
  • State of Queensland
  • Djiru Warrangburra Aboriginal Corporation
  • People
  • Djiru People
  • Dawn Hart and others on their own behalf and on behalf of the Djiru People

  • References

    General Reference
    National Native Title Tribunal (7 July 2003) Claimant Application Summary - Djiru People #3
    National Native Title Tribunal (7 March 2003) Claimant Application Summary - Djiru People #2
    National Native Title Tribunal (22 August 2011) Extract from Register of Indigenous Land Use Agreements: Djiru People Tenure Resolution ILUA
    Media Release
    National Native Title Tribunal (18 May 2011) Notice of applications to register area agreements on the Register of Indigenous Land Use Agreements: Djiru People
    Publication
    National Native Title Tribunal (1 September 2011) Djiru People’s native title determinations

    Documents

    Map
    Djiru People Tenure Resolution ILUA - ( PDF)

    Glossary

    Aboriginal Corporation (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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