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Ma:Mu Tablelands Regional Council Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 November 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Atherton Tableland, Northern Queensland, Australia
This Indigenous Land Use Agreement (ILUA) covers approximately 295 square kilometres of land and waters east of Ravenshoe and about 21 kilometres west of Innisfail in the state of Queensland. The ILUA area is situated in the vicinity of the Atherton Tablelands and the Wooroonooran National Park. It falls within the jurisdiction of the Tablelands Regional Council. The ILUA area also overlaps with the Ma:Mu People's native title claim, filed as proceeding QUD 6014 of 2001 in the Federal Court of Australia.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 November 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/020
Subject Matter:Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.020/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Tablelands Regional Council (the 'Council') and the Ma:Mu People. The purpose of this ILUA is to set out the relationship between present and future infrastructure by the Council, and any rights and interests that may be recognised with respect to the Ma:Mu People's native title claim. More specifically, the ILUA is intended to provide consent for a range of acts in relation to such infrastructure, whether or not they are future acts.
Detailed Information:
Pursuant to this ILUA, the parties agree to the doing of all approved future acts for which a Proposed Activity Notice or a Revised Activity Notice has been given to the Ma:Mu People, and in respect of which the Ma:Mu People have given a Concurrence Notice.

Non-extinguishing infrastructure

The Ma:Mu People consent to the Council's continued operation, use and maintenance of existing "Non-Extinguishing Infrastructure", as well as the land where this infrastructure is located, and also the land and waters adjacent to it. For the purposes of this ILUA, "Non-Extinguishing Infrastructure" consists of Council infrastructure that does not constitute a public work, but that was established in the ILUA area on or before the commencement of the ILUA.

The parties to this ILUA agree that no compensation will be payable to the Ma:Mu People with respect to the following kinds of Non-Extinguishing Infrastructure:

  • Roads, railways, bridges or other transport infrastructure;

  • Jetties and wharves;

  • Lighting in public places;

  • Wells, bores, pipelines, drainage facilities and irrigation channels;

  • Sewerage facilities (but not treatment facilities):

  • Park and recreational facilities; and

  • Administrative buildings and fixtures.


  • Minor works or activities

    The Ma:Mu People also consent to the undertaking of the following minor works or activities on certain conditions:

  • Constructing Council infrastructure as required in emergencies to ensure public safety;

  • Tree lopping around Council infrastructure;

  • Removing trees within the ILUA area - but only as required in emergencies;

  • Repairing, reinstating, inspecting, maintaining and fencing Council infrastructure;

  • Erecting sign posts; and

  • Accessing the ILUA area at reasonable times for the purpose of undertaking the abovementioned activities with any necessary machinery, equipment or personnel, by such means as are reasonably necessary.


  • Roads

    The Ma:Mu People consent to the Council's operation and maintenance, the public use and the Minister's dedication of all constructed roads within the ILUA area to a width of 60 metres.

    Consent is also given to the Council's operation and maintenance, the public use and the Minister's dedication of all off-alignment roads.

    Right to negotiate provisions

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

    Background to Native Title in the ILUA area

    The Ma:Mu People are registered claimants in an application for a determination of native title in proceeding QUD 6014 of 2001 in the Federal Court of Australia. Their claim relates to about 1596 square kilometres of land and waters south of Innisfail in northern Queensland, and is currently in mediation. The land subject to their claim overlaps with the area covered by this ILUA.

    The Ma:Mu People are party to the Ma:Mu Canopy Walk Heads of Agreement, which was signed together with the North Queensland Land Council, the Wet Tropics Management Authority, the Queensland Parks & Wildlife Service and the Johnstone Shire Council in 2002. They are also party to the Ma:Mu Cassowary Coast Regional Council Area Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/019).

    Related Entries

    Agreement
  • Ma:Mu Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Tablelands Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Ma:Mu People - Signatory

  • References

    General Reference
    National Native Title Tribunal (15 November 2010) Extract from the Register of Indigenous Land Use Agreements - Ma:Mu Tablelands Regional Council Area ILUA
    National Native Title Tribunal (6 April 2001) Claimant Application Summary: Ma:Mu People
    Tablelands Regional Council (21 July 2009) Council to Enter into Land Use Agreements with Indigenous Groups
    National Native Title Tribunal (11 August 2010) Notice of Applications to Register Area Agreements on the Register of Indigenous Land Use Agreements - Ma:Mu Cassowary Coast Regional Council Area ILUA and Ma:Mu Tablelands Regional Council Area ILUA
    Media Release
    National Native Title Tribunal (14 November 2001) Parties Invited to Negotiate Ma:Mu People's Native Title Claim

    Documents

    Map
    Ma:Mu Tablelands Regional Council Area Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

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

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