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Mitakoodi Castlereagh Station Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 9 March 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Cloncurry, Queensland, Australia
The agreement area is located near Cloncurry, in the outback of north western Queensland. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area as follows:

'"Agreement Area" means the land and waters described in Schedule 1, also known as Castlereagh Station. Schedule 1: "Agreement Area" Lot 80 on SP103578, County Beaconsfield, Parish of Cloncurry, Title Reference 17563181 and Lot 139 on SP106117, County Beaconsfield, Parish of Cloncurry, Title reference 17666095, in the Cloncurry Shire, also known as Castlereagh Station.'

The area is within the local government region of the Cloncurry Shire Council and within the jurisdiction of the Gulf & West Queensland Indigenous Regional Council.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2005/01
Subject Matter:Native Title | Pastoral Activities
Summary Information:
The Mitakoodi Castlereagh Station Indigenous Land Use Agreement (ILUA) was agreed between Pearl Joyce Connelly on behalf of herself and the Mitakoodi people; and Ross John Kiernan and Adele Winsome Kiernan on 9 March 2006.

The purpose of the ILUA is to provide consent for the continuation of all activities which constitute the running of Castlereagh Station, including grazing, agriculture and irrigation. The ILUA consents to the doing of these acts whether or not they are 'future acts'.
Detailed Information:
The ILUA provides for the doing of all acts which are 'substantially the same' as those already being done to run Castlereagh Station. This includes any future decision or recommendation changing, issuing or extending any non-freehold land tenure, or any licence, permit, authority or approval. The ILUA also provides for the Mitakoodi People to access and use the agreement area for traditional activities.

The ILUA includes agreement that 'future acts' may be done. The parties also 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. 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.

Related Entries

Organisation
  • National Native Title Tribunal
  • Cloncurry Shire Council
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Mitakoodi People
  • Pearl Joyce Connelly - Signatory
  • Ross John Kiernan and Adele Winsome Kiernan - Signatory

  • References

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

    Glossary

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

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