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Djiru Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 April 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Mission Beach, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises around 101 square kilometres of land along the coast in the state of Queensland. The ILUA area is located east of Tully and south of Silkwood, and is in the vicinity of Mission Beach. It falls within the jurisdiction of the Cassowary Coast Regional Council. The provisions of this ILUA do not cover any part of the ILUA area where native title rights have been extinguished or where they have been determined not to exist.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 April 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2009/063
Subject Matter:Housing, Construction and Infrastructure | Land Management | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.063/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Cassowary Coast Regional Council and Dawn Hart and others on their own behalf and on behalf of the Djiru People. The purpose of this ILUA is to provide consent for a range of Council works or activities, whether or not they constitute future acts, in the ILUA area.
Detailed Information:
Approved future acts

Pursuant to this ILUA, the parties agree that the Council may seek to obtain consent for works or activities in respect of which it has not already received consent by having the works or activities become "approved future acts". Such works or activities may include infrastructure or works owned, maintained or operated by the Council for a public purpose, such as amenities, causeways, cemeteries, dams, jetties, pipes, recreation facilities, roads, reservoirs, rubbish dumps and wharves. They may also include the grant of an Occupancy Interest by the Council as part of its role as a local government.

The Council may have a work or activity construed as an "approved future act" for the purposes of this ILUA by providing details of it in a Proposed Activity Notice or a Revised Activity Notice that must be presented to the native title parties, being Dawn Hart and others on their own behalf and on behalf of the Djiru People. The native title parties may then give a Concurrence Notice (a notice of consent to do works described in a Proposed Activity Notice), or consent may be deemed to have been given under Schedule 4 of this ILUA.

Upon request from the Council, the Djiru People have agreed to provide all reasonable assistance to the Council in achieving the doing of the approved future acts.

Minor works or activities

The parties also consent to the carrying out of minor works or activities on certain conditions in the ILUA area.

For the purposes of this ILUA, "minor works" include the following:

  • Constructing Council infrastructure as required in emergency circumstances for the protection of people or property from an immediate threat;

  • Tree lopping in the immediate vicinity of Council infrastructure;

  • Removing trees within the ILUA area (in emergency circumstances only);

  • Repairing damaged Council infrastructure;

  • Reinstating any Council infrastructure that has been destroyed to its original state;

  • Inspecting, maintaining, fencing or barricading Council infrastructure;

  • Erecting sign posts;and

  • Accessing the ILUA area at reasonable times for the purpose of carrying out the abovementioned activities with any machinery, equipment or personnel that are reasonably necessary.


  • Right to negotiate provisions

    The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which agreement has been given under this ILUA.

    Native title in the ILUA area

    In proceedings QUD 6003 of 2003 and QUD 6006 of 2003 in the Federal Court of Australia, the Djiru People have made registered applications for determinations of native title with respect to an area in the vicinity of Mission Beach, where they are the traditional land owners. The territory covered by this ILUA falls within the area claimed by the Djiru People in these proceedings, which are titled Djiru People #2 and Djiru People #3. The North Queensland Land Council Aboriginal Corp is the native title body that represents the Djiru People's traditional rights and interests in the claimed areas. The Djiru People's claims are currently in mediation, and are expected to be resolved in early 2011.

    In collaboration with the Wet Tropics Management Authority and the Queensland Parks and Wildlife Service, the Djiru People are involved in the management of the Djiru National Park (formerly the Tam O'Shanter National Park), which falls within the ILUA area.

    Related Entries

    Agreement
  • Djiru People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Djiru People & Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Djiru People Tenure Resolution 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
  • Cassowary Coast Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Dawn Hart and others on their own behalf and on behalf of the Djiru People - Signatory
  • Djiru People

  • References

    General Reference
    National Native Title Tribunal (29 April 2010) Extract from the Register of Indigenous Land Use Agreements - Djiru Cassowary Coast Regional Council Area ILUA
    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
    Federal Court of Australia (30 July 2010) Website

    Documents

    Map
    Djiru Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA) Map - ( Image)

    Glossary

    Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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