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Cairns Regional Council - Wanyurr Majay Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 December 2011
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Wooroonooran National Park, Queensland , Australia
The area subject to this agreement covers about 200 square kilometres, located approximately 25 kilometres south of Cairns over part of Wooroonooran National Park.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 December 2011. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: Tribunal file no: QI2011/037
Subject Matter:Local Government | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Cairns_Regional_Council_-_Wanyurr_Majay_ILUA_QI2011_037.aspx
Summary Information:
The Cairns Regional Council - Wanyurr Majay Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Cairns Regional Council; and
- Andrew Victor Miller, Adrian Clive Murray, Lillian Mavis Willis, Mark Raymond Wilson and Annie Wonga on their own behalf and on behalf of the Wanyurr Majay People.

The purpose of the ILUA is to provide consent to activities undertaken by the council in the agreement area.
Detailed Information:
Details of the agreement

Extinguishing Infrastructure

Extinguishing Infrastrucutre is council infrastructure that was constructed before 23 December 1996 and constitutes a public work. Council infrastructure includes infrastructure or works owned, maintained, controlled or operated by the council for a public purpose. This includes, amenities, buildings, causeways, cemeteries, conducts, crossings, dams, drains, jetties, pipes, recreation facilities, reservoirs, roads, rubbish dumps, service infrastructure, sheds, transfer stations and wharves, works serving a public need or for a Public Purpose and public works.

Under the agreement, the Wanyurr Majay People agreed that they will not claim compensation from the Cairns Regional Council in respect of the extinguishment, diminishment or impairment of native title rights and interests by the construction or establishment of extinguishing infrastructure.

Non-extinguishing Infrastructure

Non-extinguishing Infrastructure is infrastructure which is council infrastructure that is not extinguishing infrastructure and was constructed or established in the ILUA area before 9 December 2011.

The parties to the ILUA agreed that the Wanyurr Majay People will will not claim compensation from Council in respect of the extinguishment, diminution or impairment of native title rights and Interests by the construction, operation, use, maintenance of non-extinguishing infrastructure.

The Wanyurr Majay people further agreed to the continued operation, use and maintenance of:
- non-extinguishing infrastructure;
- the land on which the non-extinguishing infrastructure is located; and
- any land or waters which is adjacent to the land on which the non-extinguishing infrastructure is located and is necessary for, or incidental to, the operation of the
non-extinguishing infrastructure.

Future Acts

In the event the Council wishes to construct or carry out any works or activities in the ILUA
area of which it has not already received consent for, it can seek to obtain consent by having the act become an approved future act under schedule 2 of the agreement. The parties to the ILUA agree to the doing of approved future acts.

If requested by Council, the Wanyurr Majay People will provide all reasonable assistance to
Council in securing the agreement of any Registered Native Title Body Corporate for the ILUA Area to the doing of approved future acts and to any minor works or activities undertaken in the ILUA area.

Background

Native Title History

The Wanyurr Majay People lodged an application in 2008 for the recognition of native title rights and interests over the land and waters in the area of Mt Bellenden Ker in north Queensland. The application was accepted for registration in 2009 pursuant to s 66 of the Native Title Act 1993 (Cth). In total, the claim area covered around 200 square kilometres in the Babinda area, near Cairns including part of Woonoorooran National Park (Stickley, 2011).

In 2011, Justice Dowsett of the Federal Court granted the Wanyurr Majay People native title over the claim area. The parties to the determination reached an agreement as to the terms of a determination of native title to be made in relation to the Determination Area. The court was then satisfied that a determination of native title was within the power of the court.
The Wanyurr Majay People, the Wanyurr Majay Aboriginal Corporation, the Queensland Government and the Wet Tropics Management Authority entered into an Indigenous Land Use Agreement regarding the management of Woonoorooran National Park.

The agreement was the 60th native title determination in Queensland and the 54th by consent.

Related Entries

Agreement
  • Wonga on behalf of the Wanyurr Majay People v State of Queensland [2011] FCA 1055
  • Organisation
  • Cairns Regional Council - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Wanyurr Majay People - Signatory

  • References

    General Reference
    National Native Title Tribunal (31 August 2011) Native title determination summary - Wanyurr Majay People
    National Native Title Tribunal (7 September 2011) Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements: QI2011/037 Cairns Regional Council Wanyurr Majay ILUA
    National Native Title Tribunal (2011) Native title determination summary - Wanyurr Majay People
    National Native Title Tribunal (2011) Registered ILUA - Cairns Regional Council - Wanyurr Majay ILUA QI2011/037
    Media Release
    Queensland Government (31 August 2011) Wanyurr Majay's Native Title Rights Recognised
    Newspaper Article
    Tony Stickley (1 September 2011) Native title restored to Wanyurr Majay people

    Documents

    Map
    Cairns Regional Council - Wanyurr Majay ILUA - ( Image | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | National Park | Native Title (Australia) | Native Title Applicants | Native Title Claimants (registered) (Australia) | Native Title Registers | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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