ATNS - Agreements, Treaties and Negotiated Settlements project

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Reservoir Ridge Subdivision C Indigenous Land Use Agreement (ILUA)
Date:	2 September 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Great Palm Island, off the coast of Ingham
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State/Country:	Queensland, Australia
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	The Area covered by the ILUA is the Reservoir Ridge Subdivision Area, the AACAP Area and the Palm Island Side/Palm Valley on Great Palm Island. Great Palm Island is located off the coast of Ingham on the northeast coast of Queensland. The ILUA area is located within the Palm Island Aboriginal Council local government area and the Townsville Regional Council ATSIC region.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal Number: QI2005/005.
Alternative Names:	Palm Island ILUA
Subject Matter:	Consultation \| Cultural Heritage \| Future Act \| \| Land Use \| Native Title
Summary Information:
The Reservoir Ridge Subdivision C Indigenous Land Use Agreement (ILUA) was agreed between the Manbarra People and the Palm Island Aboriginal Council. The purpose of the ILUA is to provide consent for a range of future acts regarding housing, road construction and maintenance, infrastructure and the protection of cultural heritage on Palm Island.
Detailed Information:
Under the ILUA, the parties consent to the future acts as set out in the agreement. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid. The parties agree that the Manbarra People are authorised to: '(a) construct Improvements on the Palm Island Side/Palm Valley; and (b) modify or extend the Improvements from time to time in order to meet the requirements of the Manbarra people'. Such activities will include the construction of residential housing and associated infrastructure as part of the ATSIC Army Community Assistance Program (AACAP).