ATNS - Agreements, Treaties and Negotiated Settlements project

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Minh Way Warr Sewerage Works Indigenous Land Use Agreement (ILUA)
Date:	5 October 2005
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	West coast of Cape York Peninsula
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State/Country:	Queensland, Australia
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	The ILUA area is located on the west coast of Cape York Peninsula, 660 kilometres northwest of Cairns. Schedule 2 of the ILUA sets out the ILUA area. The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: '[T]he proposed ILUA is a polygon bounded by the following 4 corner co-ordinates in AMG Zone 54 AGD 1966. 1. NW corner 565 000 mE 8 354 000 mN 2. NE corner 566 940 mE 8 354 950 mN 3. SE corner 568 120 mE 8 352 600 mN 4. SW corner 566 290 mE 8 351 700 mN'. The ILUA area falls within the Peninsula ATSIC Regional Council area and the Pormpuraaw Aboriginal Council.
Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal No.: QI2002/048.
Subject Matter:	Cultural Heritage \| Employment and Training \| Future Act \| \| Land Use \| Native Title
Summary Information:
The Minh Way Warr Sewerage Works Indigenous Land Use Agreement (ILUA) was made between the Minh Boro people (represented by the Cape York Land Council), the Pormpuraaw Aboriginal Community (as represented by the Pormpuraaw Aboriginal Land Council) and the Queensland State Government, for the purpose of constructing sewerage works and associated infrastructure in the remote Pormpuraaw Community of Cape York. Some of the benefits of the agreement for the Minh Boro people include protection of cultural heritage sites and creation of employment opportunities. This ILUA is the first to be negotiated by the Minh Boro people and it is envisaged that this process will form the basis for future negotiations regarding infrastructure developments in the commmunity. The community presently uses septic tanks and it is hoped the construction of the sewerage system will contribute to improvements in community health.
Detailed Information:
The ILUA provides for the consent for, and validation of the construction of the Minh Way Warr sewerage works and associated drain and road upgrades. The parties to the ILUA consent to the doing of all works necessary for the project, subject to the agreement. This includes agreement that 'future acts' may be done. 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. 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 works to be completed include: -an upgrade of park drainage; -a sewerage upgrade, including the installation of underground sewerage reticulation lines; -the installation of sewer pump stations and sewage treatment lagoons; -the installation of monitoring bores; -an upgrade of existing internal roads in the town area from unsealed to sealed with kerb and channel drainage; and -the upgrade of the existing refuse tip including installing new fencing, burying rubbish and constructing new cells for rubbish burial.