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Cairns Regional Council - Wanyurr Majay Indigenous Land Use Agreement (ILUA)
|Date:||9 December 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Wooroonooran National Park, Queensland , Australia|
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|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|
|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.
|Details of the agreement|
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 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
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.
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.
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