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Camooweal Caves National Park Protected Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 May 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Camooweal, Queensland , Australia
The Agreement Area covers about 138 square kilometres, located 10 km south east of Camooweal. This Area comprises Lot 39 on NPW198.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 9 May 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2012/127
Subject Matter:Local Government
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Camooweal_Caves_National_Park_Protected_Area_ILUA_QI2012_127.aspx
Summary Information:
The Camooweal Caves National Park Protected Area Indigenous Land Use Agreement (ILUA) was agreed between:

- the State of Queensland;

- Hazel Windsor and Colin Saltmere on behalf of the Indjalandji-Dhidhanu People; and

- the Indjalandji-Dhidhanu Aboriginal Corporation

on 9 May 2013.

The Extract does not clearly stipulate the purpose for which the Area Agreement ILUA has been created however the ILUA covers the subject matter of government and communication.
Detailed Information:
Commencement

This ILUA was registered on 9 May 2013.

The Extract does not specify a start or end date for the Agreement period.

However, the Extract does outline Clauses 3.1 - 3.8 of the Agreement. Clause 3.1 of the Agreement states that the ILUA will be in effect as of the date of Registration, being 9 May 2013. This Clause is subject to the exceptions outlined in Clauses 3.2 - 3.9.

Those Clauses are as follows:

3.2 The ILUA will commence on the Execution Date, being 27 November 2012.

3.4 The ILUA (subject to clauses 3.5 and 3.9) will continue in perpetuity.

3.5 The Agreement may be terminated by written agreement executed by the parties.

3.6 If a Regulated Management Plan comes into effect:

(a) which regulates the exercise of Native Title Rights and Interests in relation to part of the ILUA Area in terms similar to clause 5; and

(b) for which an ILUA has been Registered;

the Agreement expires in relation to that part of the ILUA Area to which the Regulated
Management Plan relates and continues in force in relation to the remainder of the ILUA Area.

3.7 If:

(a) there is a determination by the Federal Court of Australia that Native Title does not exist over all or part of the ILUA Area; or

(b) a Substitute ILUA is Registered in relation to all or part of the ILUA Area, this Agreement expires in relation to that part of the ILUA Area and continues in force in relation to the remainder of the ILUA Area.

3.8 If:

(a) all or part of a Protected Area dedication is revoked in acccordance with the NCA (Revoked
Area); and

(b) Six months from the date of the revocation, the Revoked Area is not declared a Protected
Area, then the Agreement will no longer apply to the Revoked Area and the Agreement will continue in force over the remainder of the ILUA Area.

3.9 A party may only notify the Registrar in writing pursuant to s199C(1)(c)(i) of the NTA that this Agreement has expired over all or part of the ILUA Area due to the operation of clauses 3.6 to 3.8 if:

(a) each party has agreed in writing that the ILUA has so expired; or

(b) if the parties are unable to agree that the ILUA has so expired , the Dispute has been
resolved in accordance with clause 16.

Native Title Provisions

The ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.


Background to the Agreement

Native Title in the ILUA Area.
Native title was determined to exist in parts of the determination area in the consent determination of Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland (unreported, FCA, 18 December 2012, Dowsett J).

Related Entries

Agreement
  • Katherine Regional Cultural Precinct Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Indjalandji-Dhidhanu Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Colin Saltmere and Hazel Windsor on their own behalf and on behalf of the Indjalandji-Dhidhanu People - Signatory

  • Documents

    Map
    Camooweal Caves National Park Protected Area Indigenous Land Use Agreement (ILUA)Map - ( PDF)
    Camooweal Caves National Park Protected Area Indigenous Land Use Agreement (ILUA)Extract - ( PDF)
    Indjalandji-Dhidhanu Aboriginal Corporation - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title (Australia) | Native Title Determination (Australia) | Native Title Applications/Claims (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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