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Juru (Cape Upstart) People Protected Area Indigenous Land Use Agreement (ILUA)
|Date:||12 December 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cape Upstart National Park , Queensland , Australia|
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|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|
|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.
|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.
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.
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