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Croydon Shire Council - Tagalaka People Determination 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 Croydon , Queensland, Australia
The Agreement Area covers about 21,600 sq km in the vicinity of Croydon, about 500 km west of Cairns in 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.:QI2013/030
Subject Matter:Access | Local Government
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2013/030
Summary Information:
The Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA) was agreed between:

- the Croydon Shire Council (applicant); and

- the Tagalaka Aboriginal Corporation; and

- Janette Owens, Clara Booth, Beverly Bowyang, Janet Busch, Gladys Callope, Joseph Callope, Alma Douglas, Bill Fortune, Johnny Miles and Maureen Douglas.

The purpose of this ILUA is to provide consent for a range of activities in the Agreement Area.

Detailed Information:
Commencement

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

Specific clauses (namely clauses 1 to 6 and 13 to 25) commenced on 27 May 2013. The remaining clauses commenced on 21 August 2013.

No end date is specified.

Native Title Provisions

Right to Negotiate

Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, is not intended to apply to any Future Act.

Agreed Actions

The parties consent to:

(i) the continued operation, use and maintenance of the non-extinguishment infrastructure, the land on which the non-extinguishment infrastructure is located, and any land or waters which is adjacent to the land on which the non-extinguishment infrastructure is located;
(ii) the doing of 'Approved Future Acts'; and
(iii) the construction or carrying out of minor works or activities on certain conditions.

A work or activity is an 'Approved Future Act' if:

(i) it is described in a proposed activity notice or revised activity notice to the prescribed body corporate; and
(ii) either: the described body corporate has given a concurrence notice; or consent is deemed to be given.

The minor works or activities for which consent is given are:

(i) 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;
(ii) tree lopping in the immediate vicinity of council infrastructure;
(iii) repairing any damaged council infrastructure;
(iv) reinstating any destroyed council infrastructure to its pre-existing state;
(v) inspecting council infrastructure;
(vi) maintaining council infrastructure;
(vii) fencing or barricading council infrastructure;
(viii) erecting sign posts;
(ix) 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).

Native Title in the ILUA Area.

The Agreement Area includes area includes all of the land and waters within the Corydon Shire Council that are covered by the Native Title Determinations QUD6020/01 Tagalaka People 2 (QC2001/022), as determined on the 10th December 2012 and QUD6109/98 Tagalaka People (QC1998/043), as determined on the 10th December 2012.

Related Entries

Agreement
  • Tagalaka People/Alehvale and Mooremount Indigenous Land Use Agreement (ILUA)
  • 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
  • Organisation
  • Croydon Shire Council - Signatory
  • Tagalaka Aboriginal Corporation RNTBC - Signatory
  • People
  • Janette Owens, Clara Booth, Beverly Bowyang, Janet Busch, Gladys Callope, Joseph Callope, Alma Douglas, Bill Fortune, Johnny Miles and Maureen Douglas - Signatory
  • Tagalaka People

  • Documents

    Map
    Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA) Description of Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Local Government | National Native Title Tribunal (NNTT) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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