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Yarrabah Local Government Indigenous Land Use Agreement
|Date:||4 October 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Yarrabah, Queensland, Australia|
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|The area subject to the agreement covers about 76 square kilometres, located approximately 10 kilometres east of Cairns in the vicinity of Yarrabah in far north Queensland. Yarrabah Aboriginal Community is a small community with just over 3000 people of which over 96% identify as being Aboriginal or Torres Strait Islander (Australian Bureau of Statistics, 2007).|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements|
|Legal Reference:||Tribunal file no: QI2011/016|
|Subject Matter:||Access | Economic Development | Housing, Construction and Infrastructure | Land Management | Land Planning | Land Use | Local Government|
|The Yarrabah Local Government Indigenous Land Use Agreement (ILUA)is an area agreement between Yarrabah Aboriginal Shire Council (applicant) and Leslie Murgha on behald of the Gunggandji People. The agreement commenced upon the execution date being the date that the last signatory to the agreement signed the agreement. The ILUA covers matters including co-management of areas, community development, local government matters and continued infrastructure maintainence and operation.|
|Details of the Agreement|
The area subject to the Yarrabah Local Government ILUA covers about 76 square kilometres, located approximately 10 kilometres east of Cairns in the vicinity of Yarrabah.
Under the agreement the Gungandji People consent to low native title impact activities and to high native title impact activities where the conditions of notice and consensus have been reached. There is no consent to an activity that occurs in a Gunggandji cultural heritage precinct. The Gunggandji People also consent to particular future acts and to past acts which did not extinguish native title. The ILUA allows for continued operation, use, access to and maintainence of existing council infrastructure whether located on land or waters. The ILUA also allows for the continued operation, maintainence, use by the public of public roads and dedication by the Minister of all constructed roads within the agreement area. The Gunggandji people also agreed to the council taking resources within the ILUA area for the purposes of council activities. This includes accessing quarry materials and gravel, sand, loam, rock and soil from a particular area in the agreement area as well as the taking of water in the Bukki/Wungu area to supply residents residing in that area.
Native title history
Mr Les Murgha and Mr Stewart Harris, on behalf of the Combined Gunggandji People are currently seeking a determination of native title pursuant to the Native Title Act 1993 (Cth). The claim area lies to the south of Cairns, borders Mission Bay and includes the Yarrabah township. There are numerous respondents including the State of Queensland, Yarrabah Aboriginal Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, numerous fisherman and others. The application was accepted for registration in 2008 having passed the registration test.
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