Tagalaka Croydon Area Indigenous Land Use Agreement (ILUA) #1

Category: Agreement
Date: 19 August 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Croydon, Queensland, Australia
The ILUA area is located in the local government area of the Croydon Shire Council area of central northern Queensland. It falls within the Cairns and District Regional Council ATSIC region. The ILUA area includes land and waters subject to the Tagalaka native title claims QC6109 of 1998 and QG6020 of 2001.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal No.: QI2003/021
Subject Matter:Future Act | Housing, Construction and Infrastructure | Land Use | Native Title | Native Title - Extinguishment
Summary Information:
The Tagalaka Croydon Area Indigenous Land Use Agreement #1 (ILUA) was agreed to between the State of Queensland, the North Queensland Land Council, Native Title and Indigenous Land Services (NTILS) and the Croydon Shire Council. The purpose of the ILUA is to provide consent for a range of future acts regarding local government infrastructure as well as access within the township of Croydon, the area of the Belmore Dam and the Croydon Airport. It also sets out the nature of the activities that can be carried out by the Native Title Parties in these areas.
Detailed Information:
Under the ILUA, the claimants and other parties agree to the surrender of native title to the State. This is intended to extinguish any native title rights and interests that may exist in relation to the Area of Surrender.

The parties also agree that the 'right to negotiate' provisions of Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth) do not apply to the future acts described in the ILUA. These relate to access and works for Belmore Dam, Reserves, Croydon Recreation Reserve and road openings. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the act in order to be valid. Under the ILUA, the parties agree that the future acts may be done.

In addition, the Native Title Parties on behalf of the Native Title Group agree to surrender to the State any native title rights and interests that may exist in relation to the Area of Surrender, effective upon the performance by the Croydon Shire Council of its obligations under the Ancillary Agreement or the date of the commencement of the lease referred to in Item 1 of Schedule 4 to the ILUA, whichever is the latter.

The non-extinguishment principle applies to the acts set out in Schedules 4 - 8 of the ILUA.

Related Entries

Agreement
  • Owens on behalf of the Tagalaka People v State of Queensland #2 [2012] FCA 1396
  • Owens on behalf of the Tagalaka People v State of Queensland [2012] FCA 1396
  • Organisation
  • National Native Title Tribunal
  • Croydon Shire Council - Signatory
  • State of Queensland - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation - Signatory
  • Native Title and Indigenous Land Services (QLD) - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • 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

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    Tagalaka Croydon Area Indigenous Land Use Agreement (ILUA) #1 Map - ( Image | Thumbnail | PDF)

    Glossary

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