Indjalandji-Dhidhanu People and Rocklands/Morstone Indigenous Land Use Agreement (ILUA)
|Date: ||3 December 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement covers about 3,963 square kilometres, located in the vicinity of Camooweal and falls within the Local Government Authority of the Mount Isa City Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 May 2013. This is an authorised Area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2012/098|
|Subject Matter:||Native Title | Pastoral Activities|
|Summary Information: |
|The Indjalandji-Dhidhanu People and Rocklands/Morstone Indigenous Land Use Agreement (ILUA) was entered between the following parties:|
- Hazel Windsor and Colin Saltmere on behalf of the Indjalandji-Dhidhanu People
- Gambamora Industries Pty Ltd
The purpose of this area agreement is to specify the area covered under the agreement and various conditions upon which the agreement can be terminated.
|Detailed Information: |
|Details of the agreement|
The parties entered into the agreement so as to make specific the areas over which the native title party will gain access to the land and exercise their native title rights and interests.
The agreement also states that if determination of native title is not made within six months of the registration date, the parties will no longer be bound by this agreement and the agreement shall expire. On the other hand, this agreement will also end on the extinguishment of native title over the whole of the agreement area.
This agreement also states that subject to the provisions of the Land Act, the agreement will not terminate if:
- the lease has expired but application has been made for renewal under the provisions of the Land Act for continuity of the Lease or
- land dealings on the lease in the form of subdivisions, amalgamations, additional areas or
conversion to a perpetual tenure result in a new lease being issued or
- the lease or part of the lease is converted to protected area tenure
This agreement takes effect on the commencement date, and continues until:
- the date of expiry of the term of the Leases or
- the date of surrender, resumption, forfeiture or termination of the Leases
- the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.
Native Title in the ILUA area
The native title rights of the Indjalandji-Dhidhanu People were recognised on the 18 December 2012 in the unreported case of Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland (unreported, FCA, 18 December 2012, Dowsett J). The Indjalandji-Dhidhanu People filed a claim for Native Title in the Federal Court of Australia on 8 October 2009 over approximately 19,730 square kilometres, located approximately 25km west of Mount Isa in the vicinity of Camooweal. Native title was found to exist in parts of the determination area.