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Warrungu People #2 and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 January 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24/01/2013, this is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/055
Subject Matter:Collaboration / Partnership | Future Act | Housing, Construction and Infrastructure | Land Management | Land Planning | Land Use | Local Government | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/Warrungu_People_2_and_Tablelands_Regional_Council_ILUA_QI2012_055.aspx
Summary Information:
The Warrungu People #2 and Tablelands Regional Council Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Tablelands Regional Council (applicant); and
- Warrungu People #2.

The purpose of this ILUA is to give the Tablelands Regional Council the authority to conduct certain activities within the ILUA area.
Detailed Information:
Details of the Agreement

Commencement

Certain ILUA provisions commence on the date of execution. This exact date is, however, not specified in the ILUA extract. The other provisions commence on the date of registration which is 24 January 2013.

Agreement

The parties agree that Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth), which concerns the right to negotiate, does not apply to any future act covered by the ILUA.

The parties agree that certain acts already done have been done validly and are valid for native title purposes; and have not extinguished any native title.

A future act which was done invalidly before the execution date and which is not an intermediate period act under the Native Title Act 1993 (Cth), is valid.

Low Native Title Impact Activities

The parties consent to any activity which has a low native title impact. These activities include:
- anything involving the maintenance, repair, protection or making safe of existing infrastructure, structures, improvements, earthworks and areas under the Local Government's ownership, car or control.
- anything involving the construction or establishment of infrastructure, structures, improvements and earthworks which, for example, comprise of signage or fencing or replace previously existing infrastructure.
- anything involving: statutory approvals, low impact tenure grants, invalid past acts, pest control, contractual interests, operational activities, access and site investigation, emergencies, contractual interests with third parties, law impact works agreed to at a capital works forum or the implementation of an approved management plan.

High Native Title Impact Activities

Where certain conditions are satisfied, the parties consent to any activity which has a high native title impact. These activities include:
- anything consisting of the construction or establishment of infrastructure, structures, improvements and earthworks which is not low impact infrastructure;
- the granting, issuing or making of a lease other than a permitted lease or the issue of a deed of grant in fee simple;
- anything which prevents the exercise and enjoyment of native title unless the activity is temporary, undertaken for reasons of public health or safety, done pursuant to a permitted lease, or is required by law.
- involving involving the construction or establishment of infrastructure, structures, improvements or earthworks and which is decided to be high impact for the purposes of native title at a Capital Works Forum;
- anything which involves the construction of or establishment of infrastructure, stuctures, improvements or earthworks or the clearing of vegetation within the Tolga Scrub.

The conditions are that the Local Government satisfy one of the following:
- the Local Government gives a compliance notice to the native title party's representative and the Local Government completes consultation.
- where the activity involves a capital work dealt with at a Capital Works Forum, the Local Government gives a list of capital works involving the activity and consensus is reached about the activity being carried out.

Native Title in the ILUA Area

The ILUA area lies within the Warrungu people's native title claim area. The Warrungu people lodged a native title application with the Federal Court for over 2,664 square kilometres of land 25 kilometres south of Mt Garnet and 75 kilometres southwest of Innisfail. However, a Native Title determination by the Federal Court has not yet been made.

Related Entries

Organisation
  • Tablelands Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Warrungu people - Signatory

  • References

    General Reference
    National Native Title Tribunal (24/01/2013) Warrungu People #2 and Tablelands Regional Council ILUA Extract

    Documents

    Document
    Warrungu People #2 and Tablelands Regional Council ILUA Map - ( PDF)
    Warrungu People #2 and Tablelands Regional Council ILUA Area Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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