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Carpentaria Shire Council Kowanyama Area Indigenous Land Use Agreement (ILUA) (Part B)

Category: Agreement
Date: 5 June 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Kowanyama , Queensland, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 June 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/003
Subject Matter:Local Government
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Carpentaria_Shire_Council_Kowanyama_Area_ILUA_(PartB)_QI2013_003.aspx?Mode=TextOnly
Summary Information:
The Carpentaria Shire Council Kowanyama Area Indigenous Land Use Agreement (ILUA) (Part B) was agreed between:

- the Carpentaria Shire Council; and

- Mr Gary Hudson, Mr Evans Josiah, Mr Griffith Patrick, Mr Dennis Michael, Ms Glenette Greenwool, Mr Ravin Greenwool, Ms Jenny
Paul, Ms Donna Brumby, Ms Priscilla Major, Ms Roslyn Gilbert, Ms Una Claude, Ms Corrine Daniel, Mr Kelvin Greenwool, Mr Douglas
Eric, Mr Teddy Bernard, Ms Rosemary Henry, Mr Christopher Henry, Mr Roger Inkerman, Ms Lyndell Michelle Anne Jimmy, Mr Roy Dennis Maggable, Ms Hazel Paul, Ms Angela Fiona Edwards, Mr Shaun Kalk Edwards, Ms May Edwards, Ms Lindsay Edwards, Ms Glennis Rose Mudd, Ms Shenane Jago, Mr Colin Lawrence, Mr Arthur Luke, Ms Christine Lawrence, Mr Ivan Jimmy, Ms Shirley Yam, Ms Maria Dick, Mr Robert Holness, on their own behalf and on behalf of the Kowanyama People

on 5 June 2013.

The purpose of the area agreement ILUA is to provide consent to a number of communication works by the local government.
Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 5 June 2013.

Clauses 1 - 6 (excluding clauses 4.4, 4.5, 4.6 and 5) and 14 - 29 commence on the
Commencement Date of the agreement, being the date upon which the last party signs the Agreement.

The remaining Clauses of the Agreement come into effect upon the date of registration of the Deed on the Register, being 5 June 2013.

Native Title Provisions

The Extract notes that specifically that the parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.

With regard to Future Acts, the Extract notes the parties consent to the going of Approved Future Acts.

"Approved Future Acts" are defined at Clause 10.2 as:

"...Work or Activity is an Approved Future Act for the purposes of this Deed if :-

(a) it is described in a Proposed Activity Notice or Revised Activity Notice given to the Native Title Parties; and

(b) either:-

i) the Native Title Parties have given a Concurrence Notice; or

ii) consent is deemed to be given under paragraph 10 of Schedule 2."

Schedule 2, outlined in the Extract, details the minor works and activities for which consent is granted. These include:

(a) 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;
(b) tree lopping but not removal in the immediate vicinity of Council Infrastructure;
(c) repairing any damaged Council Infrastructure;
(d) reinstating any destroyed Council Infrastructure to its pre-existing state;
(e) inspecting Council Infrastructure;
(f) maintaining Council Infrastructure;
(g) fencing or barricading Council Infrastructure other than roads;
(h) erecting sign posts;
(i) nothing in paragraph 2 shall entitle Council to undertake works outside of the
Footprint of Council infrastructure.

Native Title in the ILUA Area.

The Extract specifically notes that the area the subject of Native Title Determination QUD6119/98 Kowanyama People (QC97/9) (as
determined in the Federal Court on 22 October 2009) is not included within the agreement area.


Related Entries

Agreement
  • Kowanyama People v State of Queensland [2009] FCA 1192 (22 October 2009)
  • Kowanyama Pastoral Area Indigenous Land Use Agreement (ILUA)
  • Kowanyama People and Ergon Energy Indigenous Land Use Agreement (ILUA) - IN PROGRESS
  • Daphney on behalf of the Kowanyama People v State of Queensland [2014] FCA 1149 (Kowanyama People Part D)
  • Organisation
  • Carpentaria Shire Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gary Hudson and Others on their own Behalf and on Behalf of the Kowanyama Native Title Group. - Signatory
  • Kowanyama Aboriginal Community
  • Glenette Greenwool & Ors on behalf of the Kowanyama People

  • Documents

    Map
    Carpentaria Shire Council Kowanyama Area ILUA (Part B) Map - ( PDF)
    Carpentaria Shire Council Kowanyama Area ILUA (Part B) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Registers | National Native Title Tribunal (NNTT) (Australia)

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