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Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 April 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Innisfail and Millaa Millaa , Queensland, Australia
Agreement area covers about 2.66 sq km including areas in the vicinity of Millaa Millaa, Innisfail and approx. 26 km south of Innisfail in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 April 2014. This an authorised Area Agreement under the Native Title Act .
Legal Reference: National Native Title Tribunal File No.:QI2013/085
Subject Matter:Implementation | Local Government | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Mamu_People_Land_Exchange_ILUA_QI2013_085.aspx
Summary Information:
The Mamu People Land Exchange Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- State of Queensland;

- Victor Maund, Stephen Brooks, Alfred Joyce, Henry Epong, Anthony Edwards, Brenda Matheson and Dean Purcell on their own behalf and on behalf of the Mamu People;

- Mamu Aboriginal Corporation

on 23 April 2014.

The Extract does not provide extensive details concerning the purpose of the Agreement. However, the Agreement appears to provide consent to and validation certain Agreed Acts.
Detailed Information:
Details of the agreement

Commencement

The Extract does not provide specific start or end dates for the Agreement.

Subject to clause 4.2 of the Agreement, the Agreement commences upon the Date of Registration, being 23 April 2014.
Clauses 2, 4, 7 and 22 of the Agreement commence upon the Execution Date. The Execution Date is defined as the date upon which the Agreement is executed by the parties and if executed on different dates, the later of those dates.

The Agreement may be validly terminated by written agreement by all parties. Where termination is affected, clauses 5, 11, 13, 14 and 22 will survive termination and continue to apply.

Native Title Provisions

As noted above, the purpose of the Agreement is to provide consent for certain Agreed Acts. "Agreed Acts" are defined in the Extract as:

"...all acts necessary to give effect to this Agreement including :

(a) the Surrender; and
(b) the grant of a lease under the Land Act and all things authorised under the lease ; and
(c) all acts necessary to give effect to the above acts."

Specifically, the Agreement provides consent for and validation of the surrender of native title. Surrender is defined in the Extract as:

"...the surrender of Native Title in relation to the Surrender Area to the State."

Surrender of native title will effectively extinguish any Native Title extant within the Surrender Area.

The Surrender Area is that area described in Schedule 2 of the Agreement (see attached).

Surrender will take effect upon registration of the Agreement.

Agreed Acts

Under clause 5, the parties provide consent to and validation of the Agreed Acts. This consent and validation includes:

(a) consent to the doing of Agreed Acts; and
(b) agreement to the validation of any invalid acts done on the Agreement Area prior to Registration,to the extent that they are Future Acts.

Right to Negotiate

The parties agree under clause 6.1 of the Agreement that Part 2, Division 3, Subdivision P of the Native Title Act does not apply to the Agreed Acts.


Native Title in the ILUA area

The Mamu People are registered claimants in an application made 6 April 2001 for a determination of native title in proceeding QUD 6014 of 2001 in the Federal Court of Australia. Their claim relates to about 1596 square kilometres of land and waters in the Innisfail region of northern Queensland, and is currently in mediation. The land subject to their claim overlaps with the area covered by this ILUA.

Related Entries

Agreement
  • Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453
  • Organisation
  • State of Queensland - Signatory
  • Mamu Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Land Act 1994 (Qld)
  • People
  • Victor Maund, Stephen Brooks, Alfred Joyce, Henry Epong, Anthony Edwards, Brenda Matheson and Dean Purcell on their own behalf and on behalf of the Mamu People - Signatory

  • Documents

    Map
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)Map - ( PDF)
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)Extract - ( PDF)
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA) Description of Freehold Area - ( PDF)
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)Description of Surrender Area - ( PDF)
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)Description of Lease Area - ( PDF)
    Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)Description of Agreement Area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Extinguishment (Australia) | Local Government | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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