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Etheridge Shire Council -Tagalaka People #2 Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 August 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Georgetown, within the Etheridge Shire Council , Queensland, Australia
The Agreement Area covers about 5,173 sq km approximately 44 km west of Georgetown in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 August 2013. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2013/031
Subject Matter:Access | Local Government
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Etheridge_Shire_Council_-_Tagalaka_People_2_ILUA_QI2013_031.aspx
Summary Information:
The Etheridge Shire Council -Tagalaka People #2 Indigenous Land Use Agreement (ILUA) was agreed between:

- the Etheridge Shire Council;

- the Tagalaka Aboriginal Corporation; and

-Billy Fortune, Gladys Callope, Janet Busch, Janette Owens, Beverly Bowyang and Maureen Douglas

on 21 August 2013.

The purpose of this Body Corporate ILUA is to provide consent for a range of activities, including Future Acts and Minor Works within the Agreement Area.

Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 21 August 2013.

Clauses 1 - 6, 13 - 25 of the Agreement (excluding clauses 4.4, 4.5 and 4.6) commence on the Commencement Date, being 20 May 2013. The remaining clauses of the Agreement commence upon registration of the Agreement, being 21 August 2013.

Native Title Provisions

With regard to Future Acts, the Extract notes particularly Clause 8.3 of the Agreement. That Clause states: "The Parties consent to the doing of Approved Future Acts."

Clauses 8.2 - 8.2.2.2 of the Act define "Approved Future Acts" as any Work of Activity:
- 8.2.1. it is described in a Proposed Activity Notice or Revised Activity Notice given to the
Prescribed Body Corporate; and
8.2.2. either:-
8.2.2.1. the Prescribed Body Corporate has given a Concurrence Notice; or
8.2.2.2. consent is deemed to be given under paragraph 10 of Schedule 2.

In addition, the Extract notes Clause 9.1 of the Agreement that provides consent for the construction or carrying out of Minor Works or Activities within the Agreement Area.

Schedule 3 Clauses 2.1 - 2.10 define "Minor Works" as:

- 2.2. 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;
- 2.3. tree lopping in the immediate vicinity of Council infrastructure;
-2.4. repairing any damaged Council infrastructure;
-2.5. reinstating any destroyed Council infrastructure to its pre-existing state;
-2.6. inspecting Council infrastructure;
-2.7. maintaining Council infrastructure;
-2.8. fencing or barricading Council infrastructure;
-2.9. erecting sign posts;
-2.10. accessing the ILUA Area at reasonable times for the purpose of undertaking anything in
paragraphs 2.1 to 2.9 with any machinery, equipment or personnel and by such means as are reasonably necessary (including by vehicle access, foot access or access by air).

The Extract notes Clause 4.4 of the Agreement, that provides that Subdivision P of Division 3 of Part 2 of the Native Title Act is not intended to apply to any Future Acts for which the Parties have given consent under the Agreement.

The Extract also notes Clauses 7.2 - 7.2.3 of the Agreement, that state:

"The Parties consent to the continued operation, use and maintenance of:-
7.2.1. the Non-Extinguishing Infrastructure;
7.2.2. the land on which the Non-Extinguishing Infrastructure is located; and
7.2.3. any land or waters which is adjacent to the land on which the Non-Extinguishing
Infrastructure is located which is necessary for, or incidential to, the operation of the
Non-Extinguishing Infrastructure."

Native Title in the ILUA Area.

In the decision of Owens on behalf of the Tagalaka People v State of Queensland #2 [2012] FCA 1396, the Federal Court awarded the Tagalaka People exclusive native rights to possession, occupation, use and enjoyment over approximately 105 square kilometres of land within the Determination area. Non-exclusive native title was awarded over a further 29,817 square kilometres within the Determination Area (Department of Natural Resources, Queensland Government, 2012). Native title rights and interests were therefore awarded over approximately 29,800 square kilometres of land over 469 parcels in Far North Queensland.



Related Entries

Agreement
  • Owens on behalf of the Tagalaka People v State of Queensland [2012] FCA 1396
  • Owens on behalf of the Tagalaka People v State of Queensland #2 [2012] FCA 1396
  • Tagalaka People/Alehvale and Mooremount Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Etheridge Shire Council - Signatory
  • Tagalaka Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Tagalaka People
  • Billy Fortune, John Miles, Joseph Callope, Alma Douglas, Beverly Bowyang, Gertie Douglas, Gladys Callope, Janet Busch, Clara Booth, Janette Owens, Maureen Douglas and the Tagalaka People - Signatory

  • Documents

    Map
    Etheridge Shire Council -Tagalaka People #2 Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Etheridge Shire Council -Tagalaka People #2 Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Etheridge Shire Council -Tagalaka People #2 Indigenous Land Use Agreement (ILUA) Description of Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Aboriginal Corporation (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia)

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