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Bar-Barrum and Herberton Shire Council Indigenous Land Use Agreement (ILUA) |
Date: | 28 October 2002 | |
Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
Place: | Herberton |
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State/Country: | Queensland, Australia |
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| The ILUA covers the area of the Bar-Barrum native title claim Determination Area (National Native Title Tribunal file no.: QC96/105). The area is comprised of specified lots within an area of land south east of Atherton and two smaller areas of land located south east of Petford and south of Almaden, in north east Queensland. The lots are identified on plans attached to the extract from the Register of Indigenous Land Use Agreements for this ILUA and are available from the National Native Title Tribunal. (See also the map of the area available via the Gallery link on this page). The ILUA is within the Mareeba Shire Council area and the Cairns and District ATSIC region. |
Legal Status: | Registered with the National Native Title Tribunal | |
Legal Reference: | National Native Title Tribunal File No: QI2002/043 | |
Subject Matter: | Future Act | | Land Use | Local Government | Native Title |
URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2002/QI2002.043/ILUARegisterExport.pdf | |
Summary Information: | |
Under the Bar-Barrum People and Herberton Shire Council Indigenous Land Use Agreement (the ILUA), the Bar-Barrum People consent to future infrastructure being constructed by the Council in the area of their native title determination. A determination that native title exists in parts of the area of the Bar-Barrum People's native title claim (National Native Title Tribunal file no.: QC96/105) was made by the Federal Court in June 2001. The infrastructure authorised includes 'infrastructure (and associated tenures and approvals) which the Council may provide, or seek to provide, in its capacity as a local government or as an agent for another entity in the future. Such infrastructure is authorised on condition that the Council notify and consult with the native title holders, according to a process set out in Schedule 2 of the ILUA.
Without this consent and authorisation, future infrastructure would constitute future acts, (ie acts that may affect native title), under the Native Title Act 1993(Cth) and therefore be subject to the right to negotiate. |
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