ATNS - Agreements, Treaties and Negotiated Settlements project

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Western Yalanji - Pedersen Indigenous Land Use Agreement (ILUA)
Date:	2 September 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Inland from Cairns
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State/Country:	Queensland, Australia
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	The ILUA area is located inland from Cairns in Far North Queensland. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as covering Areas C and D as set out on the map contained in Schedule A to the agreement. This comprises Lot 1 on CF14 and Lot 285 on SP108034. The ILUA falls within the Cook Shire Council and the Mareeba Shire Council areas. It is within the Cairns and District Regional Council and the Peninsula Council ATSIC regions.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal Number: QI2003/055.
Subject Matter:	Future Act \| Land Use \| Native Title
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2003/QI2003.055/ILUARegisterExport.pdf
Summary Information:
The Western Yalanji - Pedersen Indigenous Land Use Agreement (ILUA) was agreed between Alan and Karen Pedersen, the State of Queensland, the Western Yalanji People and the Western Yalanji Aboriginal Corporation. The purpose of the ILUA is to provide consent for the amendment of the Existing Perpetual Lease to include the ILUA Area.
Detailed Information:
Under the ILUA, the parties agree that the 'right to negotiate' provisions of Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth) do not apply to the future act described in the ILUA. Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. 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 further agree that the Existing Perpetual Lease may be amended under the Land Act 1994 (Qld) in order to include the ILUA area.