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Northern Peninsula Area Infrastructure Indigenous Land Use Agreement (ILUA)

Date: 12 December 2005
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Northern Cape York Peninsula
State/Country:Queensland, Australia
The ILUA is located within the areas covered by the Injinoo, Umagico and New Mapoon DOGITs, on the Cape York Peninsula 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 follows:

  • 'Injinoo DOGIT' means the area of land and waters covered by the Deed of Grant in Trust to the Injinoo Aboriginal Council and having Title Reference 21328058;
  • 'New Mapoon DOGIT' means the area of land and waters covered by the Deed of Grant in Trust to the New Mapoon Aboriginal Council and having the Title Reference 21328060;
  • 'Umagico DOGIT' means the area of land and waters covered by the Deed of Grant in Trust to the Umagico Aboriginal Council and having Title Reference 21328059.
    The ILUA area is located with the local government areas of the Injinoo Aboriginal Council, the New Mapoon Aboriginal Council and the Umagico Aboriginal Council.
  • Legal Status: Registered with the National Native Title Tribunal
    Legal Reference: National Native Title Tribunal No.: QI2004/001.
    Subject Matter:Native Title |
    Summary Information:
    The Northern Peninsula Area Infrastructure Indigenous Land Use Agreement (ILUA) was agreed between the Cape York Land Council, Gudang Peoples, Angkamuthi People, Injinoo Aboriginal Council, New Mapoon Aboriginal Council and the State of Queensland on 12 December 2005.

    The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts', relating to the construction and renovation of infrastructure, including housing and units.
    Detailed Information:
    The native title holders of the Northern Peninsula Area agree that the State of Queensland may upgrade and repair various infrastructures within their communities. This includes agreement that 'future acts' may be done. The parties also 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 to the ILUA consent to the doing of the following works:
  • Upgrading of power;
  • Removing the old tip, and creating a new tip;
  • Removing gravel from the existing quarry;
  • Upgrading the piggery;
  • Fencing drainage areas; and
  • Constructing and renovating housing, units and an army camp.

    The ILUA states that it will expire on the completion of the future acts or six months after it is entered onto the Register, whichever is the later.

  • Related Entries

  • Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
  • Organisation
  • Injinoo Aboriginal Council - Signatory
  • Umagico Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Cape York Land Council Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gudang People - Signatory
  • Angkamuthi People - Signatory

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Northern Peninsula Area Infrastructure Indigenous Land Use Agreement (ILUA) Map - ( Image | PDF | Thumbnail)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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