Wuthathi People and Cook Shire Council Indigenous Land Use Agreement (ILUA)
|Date: ||26 June 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:
"The area subject to this agreement covers about 1,189km˛ and is located approximately 120km north-east of Weipa, covering Lot 5117 on Plan SP137279, Lot 73 on Plan SP171835, Lot 4 on Plan AP12185 and the area between the prolongation easterly of the northerly boundary of Lot 5117 on Plan SP137279 and the prolongation easterly of the southern boundary of Lot 73 on Plan SP171835 and the high water mark known as the esplanade.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 June 2007. This is a certified Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2007/020|
|Subject Matter:||Housing, Construction and Infrastructure | Land Planning | Local Government | Native Title - Extinguishment|
|Summary Information: |
|The Wuthathi People and Cook Shire Council Indigenous Land Use Agreement (ILUA)was agreed between the Cook Shire Council(APPLICANT) and Johnson Chippendale, Moira Macumboy, Douglas Wilson, Phillip Wallis and Jean Mosby on their own behalf and on behalf of the Wuthathi People.|
The purpose of the ILUA is to provide consent for the continued operation, use and maintenance of infrastructure in the area covered by ILUA.
|Detailed Information: |
|The parties consent to:|
renounce their right to claim compensation from Council in respect of the
extinguishment, diminishment or impairment of Native Title Rights and Interests by the construction or establishment of Extinguishing Infrastructure;
to the continued operation, use and maintenance of the non-extinguishing Infrastructure, the land on which the Non-Extinguishing Infrastructure is located; and any land or waters which is adjacent to the land on which the Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation of the of the Non-Extinguishing Infrastructure;
not to claim compensation from Council in respect of the extinguishment, diminution or impairment of Native Title Rights and Interests by the construction, operation, use, maintenance of those items or classes of items of Non-Extinguishing Infrastructure; and
the doing of Approved Future Acts and the construction or carrying out of Minor Works or other Future Activities for which the Native Title Parties have given their consent.
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.
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.
The ILUA does not specify the duration of its operation.