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Ewamian / Sporting Shooters Association of Australia Forsayth and District Branch Incorporated IA19452

Category: Agreement
Date: 1 April 2009
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Forsayth, Queensland, Australia
The ILUA covers approximately three square kilometres of land, being proposed lot 6 on CNS01/089. This area is located approximately 1.2 kilometres west of the town of Forsayth and is within the jurisdiction of the Etheridge local government.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 April 2008. This is a Registered Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/016.
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.016/ILUARegisterExport.pdf
Summary Information:
This ILUA was agreed between:
- The Sporting Shooters Association of Australia Forsayth and District Branch Incorporated IA19452; and
- Barry Fisher, David Hudson, Noel Lacey, Ron Richards and Katies Georgetown on their own behalf and on behalf of the Ewamian People.

The purpose of the ILUA is to provide consent for the use of a rifle range on land that is the subject of a native title claim by the Ewamian People.
Detailed Information:
Consents

The parties consent to:
- the State Government granting a Term Lease to the Sporting Shooters Association of Australia entitling them to operate a rifle range in the ILUA area;
- the construction of a Boundary Fence (as are typically erected around shooting ranges).

Non-Extinguishment

The parties agree that the aforementioned acts do not extinguish and of their native title rights or interests over the ILUA area.

Native Title in the ILUA Area

The Ewamian People have registered two applications for a determination of native title with respect to land and waters which cover the Etheridge Shire Area, within which the ILUA area is located. Both of these claims were initiated by the same applicants: Barry Fisher, David Hudson, Noel Lacey, Ron Richards and Katies Georgetown (being the persons who are also signatories to this ILUA).

The first of these applications, the Ewamian People #2 claimant application, was filed with the Federal Court of Australia on 18 March 1999 as proceeding QUD 6009 of 1999. It covers approximately 183 square kilometres in the Georgetown area in northern Queensland. The second, the Ewamian People #3 claimant application, was filed on 30 April 2001 as proceeding QUD 6018 of 2001. It also covers land in northern Queensland. It is the larger of the two claims, spanning approximately 28,479 square kilometers and covering approximately 72% of the Etheridge Shire Area. It is unclear from the National Native Title Register Extract exactly which application is affected by this ILUA, although it is likely that it is the the Ewamian People #3 claimant application in light of the size of that application.

Related Entries

Agreement
  • Ewamian - Etheridge Shire Council (Charleston Dam Project) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Sporting Shooters Association of Australia Forsayth & District Branch Incorporated IA 19452 - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Weapons Act 1990 (Qld)
  • People
  • Ewamian People
  • Barry Fisher, David Hudson, Noel Lacey and Ron Richards - Signatory

  • References

    General Reference
    National Native Title Tribunal (18 March 1999) Claimant Application Summary: Ewamian People #2
    National Native Title Tribunal (30 April 2001) Claimant Application Summary: Ewamian People #3
    Media Release
    National Native Title Tribunal (3 April 2009) Qld Leads with 200th Indigenous Land Use Agreement
    Stephen Robertson (9 July 2009) Spirit of Co-Operation Heralds NAIDOC Week Milestone
    Parliamentary Paper
    Etheridge Shire Council (26 November 2002) Operation of the Native Title Act: Inquiry Into The Effectiveness Of The National Native Title Tribunal
    Resource
    National Native Title Tribunal (31 December 2008) Notice of Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements
    National Native Title Tribunal Qld - Registered ILUA QI2007/016

    Documents

    Map
    Ewamian / Sporting Shooters Association of Australia Forsayth and District Branch Incorporated IA19452 Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Applicant | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle

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