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Cairns Regional Council - Mamu People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 August 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Innisfail, Queensland, Australia
This ILUA covers approximately 35 square kilometres, located between Innisfail and Babinda and east of Bartle Frere. The agreement falls within the Local Government Authority of Cairns Regional Council .
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 August 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/044
Subject Matter:Housing, Construction and Infrastructure | Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.044/ILUARegisterExport.pdf
Summary Information:
The Cairns Regional Council - Mamu People Indigenous Land Use Agreement (ILUA) was agreed between:

- Cairns Regional Council;

- Niree Appo, Stephen Brooks, John Edwards, Alfred Joyce, Robert Major, Victor Maund, Dean Purcell and Billy Tinkum on their own behalf and on behalf of the Mamu People; and

- Mamu Aboriginal Corporation.

The purpose of this ILUA is to enable the Council to use or construct certain infrastructure within the ILUA area.
Detailed Information:
Details of the Agreement

The Native Title Parties consent 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 which is necessary for, or incidental to, the operation of the Non-Extinguishing Infrastructure.


The parties consent to the following Minor Works or Activities:
- constructing Council Infrastructure required in emergency circumstances to ensure the safety of people and the preservation of property where people or property are subject to an immediate threat;
- tree lopping in the immediate vicinity of Council Infrastructure;
- repairing any damaged Council Infrastructure;
- reinstating any destroyed Council Infrastructure to its pre-existing state;
- inspecting Council Infrastructure;
- maintaining Council Infrastructure;
- fencing or barricading Council Infrastructure
- erecting sign posts;
- accessing the ILUA Area at reasonable times for the purpose of undertaking the above activities with machinery, equipment or personnel and by such means as are reasonably necessary (including vehicle access, foot access or access by air).

The council may seek to have an activity approved as a future act under the ILUA if that activity is not already consented to.

Native title in the ILUA area
The MaMu people are the applicants in a native title claim (Federal Court File No. QUD6014/01) lodged in 2001.

Their traditional country includes the Wooroonooran National Park in Queensland and a section of the Great Barrier Reef.

Related Entries

Agreement
  • Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453
  • Organisation
  • Cairns Regional Council - Signatory
  • Mamu Aboriginal Corporation - 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
  • Ma:Mu People - Signatory
  • Niree Appo & others on their own behalf and on behalf of the Mamu People - Signatory

  • References

    General Reference
    National Native Title Tribunal (10 August 2012) Extract from Register of Indigenous Land Use Agreements - Cairns Regional Council - Mamu People ILUA

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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