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Kalkadoon Post-Determination Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 May 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Mount Isa. , Queensland. , Australia
The Agreement Area covers about 38,720 square kilometres and is in the vicinity of Mount Isa in the Gulf Country region of Queensland. It is located within the Boulia, Burke, Carpentaria, Cloncurry, McKinlay Shire Councils and Mount Isa City Council region.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 May 2014.
Legal Reference: National Native Title Tribunal File No.: QI2013/088
Subject Matter:Future Act | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Kalkadoon_Post_-_Determination_ILUA_QI2013_088.aspx
Summary Information:
The Kalkadoon Post-Determination Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- State of Queensland (applicant);

- the Kalkadoon Native Title Aboriginal Corporation RNTBC;

- Kalkadoon Community Pty Ltd; and

- Queensland South Native Title Services Ltd.

The purpose of this ILUA is to provide the parties' consent to the surrender of native title for the purpose of extinguishment.
Detailed Information:
Details of the agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 23 May 2014.

Clauses 1, 2, 3, 4 and 17 commence 19 December 2013 (the execution date) while the remaining clauses commence 23 May 2014 (the registration date). The Extract does not stipulate a specific end date.

Agreement

The Agreement operates to provide the parties' consent to the validations of acts done prior to the execution date or the registration date and consent to the doing of specified 'Agreed Acts' to the extent that they are surrenders or future acts.

Schedule 6 sets out these agreed acts (see attached) and they are all related to the surrender and extinguishment of native title over the land covered by the ILUA.

Acts done prior to 19 December 2013 (the execution date) include:
- the creation of the Leichardt River Reserve and all subsequent interests granted; and
- any interests created on the understanding that native title had been extinguished by Crown to Crown grants if that assessment was incorrect including, but not limited to, interests over lot
61 on SP136478, lot 7 on TG37, lot 201 on P136477, Lot 342 on SP136492 and lot 7 on GR48.

Background to the Agreement:

Native Title in the ILUA Area

The Kalkadoon people first lodged a native title application in 1995 followed by five other applications. Kalkadoon #4 was filed in 2005 with Kalkadoon #5 application lodged in 2006 and both were accepted for registration pursuant to the Native Title Act 1993 (Cth). In 2010, the Federal Court combined the #4 and #5 applications and the application was accepted for registration pursuant to section 109 of the Native Title Act 1993 (Cth).

On 12 December 2011, the Federal Court determined that Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.

In total, the claim area covers some 38,720 square kilometres including low lying plains in the north, north east and southern sections, the Cloncurry Ranges in the mountainous centre, the City of Mt Isa, the townships of Gunpowder, Kajabbi, Quamby, Mary Kathleen and Duchess, branches and tributaries of the Leichhardt River, the south western headwaters of the Cloncurry River, and the middle and upper reaches and tributaries of the Georgina River in Central and North Queensland.

Around 4078 square kilometres is held exclusively by the Kalkadoon people with non-exclusive native title rights held by the Kalkadoon People over the remainder of the land (National Native Title Tribunal, 2011).

Related Entries

Agreement
  • Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) [2011] FCA 1466
  • Organisation
  • Queensland South Native Title Services Limited - Signatory
  • Kalkadoon Community Pty Ltd - Signatory
  • Kalkadoon Native Title Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)

  • References

    General Reference
    Paul Sutherland, David Lewis and Karyn Wilson (2011) Kalkadoon native title claim finally granted
    National Native Title Tribunal (2011) Native title determination summary - Kalkadoon People #4
    Media Release
    National Native Title Tribunal (2011) Native Title recognition for the Kalkadoon People
    Robert McLelland (12/12/2011) Kalkadoon Native Title Determination welcomed
    Newspaper Article
    Koori Mail (11 January 2012) Kalkadoon rights win recognition

    Documents

    Map
    Kalkadoon Post-Determination ILUA - Map - ( PDF)
    Kalkadoon Post-Determination ILUA - Agreed Acts - ( PDF)
    Kalkadoon Post-Determination ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Representative Body (NTRB) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | State Government | Legislation | Extinguishment (Australia)

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