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Port of Abbot Point and Abbot Point State Development Area Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 November 2011
Date To: Not specified
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Whitsunday Regional Council region, Queensland, Australia
The ILUA area covers approximately 380 square kilometres of land and is located about 10 kilometres north-west of Bowen in North Queensland.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 10 May 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no: QI2011/063
Subject Matter:Access | Collaboration / Partnership | Land Management | Land Use | Management / Administration | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Port_of_Abbot_Point_and_Abbot_Point_State_Development_Area_ILUA_QI2011_063.aspx
Summary Information:
Port of Abbot Point and Abbot Point State Development Area Land Use Agreement (ILUA) is an agreement between:

- North Queensland Bulk Ports Corporation Limited (applicant);
- the Coordinator-General;
- the State of Queensland;
- Margaret Smallwood, Tracey Lampton, Loretta Prior, Ray Gaston, Andrew Morrell, Janet Lymburner and Lenora Aldridge on their own and on behalf of the Juru People native title claim group.

The purpose of this agreement is to allow for infrustructure development and the management and rehabilitation of land, vegetation, waterways and wetlands within the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

The agreement commenced on the earlier of either the date the ILUA was executed by the last of the parties or the date on which the ILUA was notified by the Registrar.

Agreement

The agreement concerns the Abbot Point State Development (APSD). The APSD allows the State to 'facilitate and effectively manage the planned development and operation of the area and associated infrastructure for industrial purposes' (Queensland Government).

The parties to the agreement consent to:

- the surrender of the Abbot Point State Development Surrender Area and the Port Surrender Area.
- the doing of the Port Infrastructure Development, the Port Ancillary Works and the APSD;
- activities carried out in accordance with the Vegetation Management.

Native Title provisions

The parties agree:

- that the surrender of the Abbot Point State Development Surrender Area and the Port Surrender Area extinguishes any Native Title that may exist in those areas.
- that the right to negotiate under the Native Title Act 1993 (Cth) does not apply to the agreed acts of this ILUA.

Background to Abbot Point State Development Area

Abbot Point is a key part of the Queensland Government's Northern Economic Triangle Infrastructure Plan 2007-2012. This is a Government initiative to 'see the emergence of Mount Isa, Townsville and Bowen as a triangle of industrial development and mineral processing over the course of the next half century' (Queensland Government).

Native Title in the ILUA area

A native title application was lodged in 1997 by the Juru people for recognition of native title rights and interests. The application was accepted for registration in June 1999 pursuant to s66 of the Native Title Act 1993 (Cth).

The consent determination was made by the Federal Court on 26 July 2011 which recognised the Juru people as holding non-exclusive native title rights and interests over Cape Upstart National Park, north of Bowen in Far North Queensland. The determination area is approximately 86 square kilometres of land.

The parties to the determination reached an agreement as to the terms of a determination of native title to be made in relation to the Determination Area. The Court was satisfied that a determination of native title was within the power of the Court.

Related Entries

Agreement
  • Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 (26 July 2011)
  • Organisation
  • North Queensland Bulk Ports Corporation Limited - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Coordinator-General - Signatory
  • Juru People
  • Margaret Smallwood et al - Signatory

  • References

    General Reference
    National Native Title Tribunal (10/05/12) Extract from Register of Indigenous Land Use Agreements: Port of Abbot Point and Aboot Point State Development Area ILUA
    National Native Title Tribunal (2011) Native title determination summary - Juru (Cape Upstart) People
    Queensland Government (September 2012) Abbot Point State Development Area: Development Scheme

    Documents

    Map
    Port of Abbot Point and Abbot Point State Development Area ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Extinguishment (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia)

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