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Juru (Cape Upstart) People Protected Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 December 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cape Upstart National Park , Queensland , Australia
The area subject to this agreement covers about 85 square kilometres over Cape Upstart National Park, approximately 40 kilometers northwest of Bowen in North Queensland, 200km south of Townsville.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 12 December 2011. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: Tribunal file no: QI2011/041
Subject Matter:Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Juru_(Cape_Upstart)_People_Protected_Area_ILUA_QI2011_041.aspx
Summary Information:
The Juru (Cape Upstart) People Protected Area Indigenous Land Use Agreement (ILUA) is an area agreement between:
- the State of Queensland;
- Renarta Prior, Carol Prior-Patterson, Margaret Smallwood and Jeffrey Lenoy on their own behalf and on behalf of the Juru (Cape Upstart) People; and
- the Kyburra Munda Yalga Aboriginal Corporation.

The purpose of the agreement is to provide access to the area covered by the ILUA to Ergon Energy and to delegate reponsibility to the Queensland government.
Detailed Information:
Details of the agreement

Commencement and Termination

The ILUA commenced on the later of a determination of native title within the agreement area by the Federal Court of Australia, or the registration of the agreement. As registration has already occurred the ILUA commenced on 12 December 2012.

NOTE: If there is a determination that Native Title does not exist in part of the ILUA area then this ILUA expires in relation to that part of the ILUA Area.

Future Acts

The parties consent to any grant of authority under section 35 of the Nature Conservation Act 2002 (Qld) to Ergon Energy Corporation Limited (or its subsidiaries or successors) over land within the ILUA Area. Section 35 allows for the chief executive to grant,make, issue or give a lease agreement, licence, permit or other authority over land in a national park, in this instance the ILUA area.

The ILUA also ensures that the Queensland Government will still be responsible for maintaining the natural values of the national park (Nolan, 2011).

Background to the ILUA

Native Title History

A native title application was lodged in 1997 by the Juru people for recognition of native title rights and interests over the land and waters in the area of Cape Upstart. The application was accepted for registration in 1999 pursuant to s66 of the Native Title Act 1993 (Cth). The Juru people, at the time of writing have not had a determination.

Related Entries

Agreement
  • Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 (26 July 2011)
  • Organisation
  • State of Queensland - Signatory
  • Kyburra Munda Yalga Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Juru People - Signatory

  • References

    General Reference
    National Native Title Tribunal (2011) Registered ILUA - Juru (Cape Upstart) People Protected Area ILUA QI2011/041
    National Native Title Tribunal (2011) Native title determination summary - Juru (Cape Upstart) People
    Media Release
    Finance, Natural Resources and The Arts, The Honourable Rachel Nolan (July 26, 2011) Juru Peoples native title rights recognised
    Newspaper Article
    Herald Sun (July 26, 2011) Native title win in north Queensland at Cape Upstart National Park, near Bowen for Juru
    Townsville Bulletin (July 27, 2011) Native title win for the Juru people at Cape Upstart

    Documents

    Map
    Juru (Cape Upstart) People Protected Area Indigenous Land Use Agreement Map - ( Image | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Park | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers

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