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Ewamian Indigenous Land Use Agreement (ILUA) (Towns of Forsayth, Einasleigh, Georgetown and Mount Surprise)

Category: Agreement
Date: 1 December 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Towns of Forsayth, Einasleigh, Georgetown and Mount Surprise, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 89.2 hectares of land located on specific lots in the towns of Forsayth, Einasleigh, Georgetown and Mount Surprise in the state of Queensland. The ILUA area falls within the jurisdiction of the Etheridge Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 December 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/002
Subject Matter:Future Act | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.002/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and the Ewamian People. The purpose of this ILUA is to provide consent for a series of future acts, including the surrender and consequent extinguishment of native title over certain parcels of land in the ILUA area. The ILUA also provides for the grant of freehold title over parts of the ILUA area to the Ewamian Aboriginal Corporation.
Detailed Information:
The parties to this ILUA give their consent to a number of Agreed Acts, to the extent that they are future acts.

The parties also consent to the validation of any invalid future acts that were done in the ILUA area prior to the execution of this ILUA.

The acts to which consent has been granted under this ILUA are as follows:

- The surrender of any native title that may exist over parts of the ILUA area to the State of Queensland. The parties agree that the surrender is intended to extinguish any native title that may exist in those parts of the ILUA area;
- The grant of freehold title over part of the ILUA area to the Ewamian Aboriginal Corporation;
- The dedication or adjustment of certain parcels of land in the ILUA area as Reserves under the Land Act 1994 (Qld), and their management and use in keeping with their dedicated purpose; and
- All other acts that are necessary to give effect to the abovementioned future acts.

Right to negotiate provisions

The parties 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 Agreed Acts to which consent has been granted under this ILUA.

Background to native title and agreement-making in the ILUA area

The Ewamian People have registered two applications for a determination of native title with respect to land and waters in northern Queensland. The first of these, 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 land 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.

While both of these claims remain active, neither is currently in mediation. From the maps provided by the National Native Title Tribunal, it is not possible to determine which of these claims covers the ILUA area.

Furthermore, in 2004 the Ewamian People entered into an Indigenous Land Use Agreement for the purpose of surrendering native title over the townships of Einasleigh, Forsayth, Mount Surprise and Georgetown - the same towns as those covered by this ILUA. This was the Ewamian - Etheridge Townships Indigenous Land Use Agreement. In exchange, the agreement presented the Ewamian People with access to their traditional country through the establishment of three reserves. It also provided them with housing in Georgetown.

Related Entries

Agreement
  • Ewamian - Etheridge Townships Indigenous Land Use Agreement (ILUA)
  • Ewamian - Etheridge Shire Council (Charleston Dam Project) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Ewamian Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Land Act 1994 (Qld)
  • People
  • Ewamian People - Signatory

  • References

    General Reference
    National Native Title Tribunal (1 December 2008) Extract from Register of Indigenous Land Use Agreements - Ewamian ILUA
    National Native Title Tribunal (27 August 2008) Notice of Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements - Ewamian ILUA
    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
    Article
    ABC News (5 June 2004) Qld Signs Historic Land Use Agreement

    Documents

    Map
    Ewamian Indigenous Land Use Agreement (ILUA) - Towns of Forsayth, Einasleigh, Georgetown and Mount Surprise - ( PDF)

    Glossary

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

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