Croydon Shire Council/Tagalaka People - True Blue Tourist Facility Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 May 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Croydon, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) is cited in County Surrey in the Parish of Croydon in the state of Queensland. The ILUA area includes land and waters subject to the Tagalaka People's native title claim in the Federal Court of Australia in proceeding QUD 6020 of 2001. It falls within the jurisdiction of the Croydon Shire Council.
   
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 May 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2009.068
Subject Matter:Housing, Construction and Infrastructure | Tourism
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2009/QI2009.068/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the Croydon Shire Council and Janet Busch and others on their own behalf and on behalf of the Tagalaka People #2. The purpose of this ILUA is to provide consent for a range of acts, whether or not they are future acts, in relation to the construction of the True Blue Tourist Information Facility on the ILUA area.
Detailed Information:
Pursuant to this ILUA, the parties representing the Tagalaka People consent to the following acts:

  • The dedication, management and use (including the construction of necessary infrastructure) of the Reserves;

  • The construction of the True Blue Tourist Information Facility on part of Lot 1 on SP134193, subject to certain conditions;

  • The preparation and approval of a Management Plan by the Minister;

  • The reconfiguration of the Reserves by the Council, to the extent that this is a future act; and

  • All acts necessary to give effect to these acts.


  • Right to negotiate provisions

    The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) will not apply to any of the future acts to which consent has been granted under this ILUA.

    Non-extinguishment principle

    The parties also agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to any future acts under this ILUA. This means that even if they are the kinds of acts that would normally extinguish native title, they will not have this effect. Instead, the Tagalaka People's native title rights will be suspended for as long as the acts remain operative.

    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
  • Croydon Shire Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Janet Busch and others on their own behalf and on behalf of the Tagalaka People #2 - Signatory
  • Tagalaka People - Signatory

  • References

    General Reference
    National Native Title Tribunal (14 May 2010) Extract from the Register of Indigenous Land Use Agreements - Croydon Shire Council/Tagalaka People - True Blue Tourist Facility ILUA
    National Native Title Tribunal (29 June 2001) Claimant Application Summary - Tagalaka People #2
    Media Release
    National Native Title Tribunal (23 January 2002) Parties Invited to Negotiate Tagalaka Native Title Claim

    Documents

    Map
    Croydon Shire Council/Tagalaka People - True Blue Tourist Facility Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)