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Western Yalanji and Mareeba Shire Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 May 2006
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
State/Country:Far North Queensland, Australia
The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows:

'The Agreement Area is those parts of native title determination applications QG6089/98 Western Yalanji People 3 (QC98/39), QG6008/99 Western Yalanji People 4 (QC99/12), Q6003/O1 Western Yalanji 5 (QCO1/3) and Q6037/01 Western Yalanji People 6 (QC01/39) that fall within the local government area of Mareeba Shire Council.

The ILUA area is more particularly described as:
Lot 285 on SPl08034
And those parts of the following lots that fall within the local government area of Mareeba Shire Council:
Lot 1 on CF14
Lot 66 on CF844107 - Bonny Glen Pastoral Holding (formerly Lot 4566 on PH2201)
Lot 2 on CP910619 - Palmerville Pastoral Holding (formerly Lot 2 on CF10)

And those parts of former Exploration Permit Mining Application 13357 north of the centreline of the Mitchell River and north of the centreline of Rifle Creek.'

The ILUA area is within the Mareeba Shire Council local government area.
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No.: QI2005/007
Subject Matter:Housing, Construction and Infrastructure | Native Title
Summary Information:
The Western Yalanji and Mareeba Shire Council Indigenous Land Use Agreement (ILUA) was agreed between Mareeba Shire Council, Mr Rodney Riley, Mr Desmond Brickie, Mr Thomas James Mitchell, Mr Dell Riley, Mr Graham Brady and Mr William Steven Brady on 18 May 2006. The purpose of the ILUA is to resolve certain issues in the interaction between the Western Yalanji's native title rights and interests and the Mareeba Shire Council's infrastructure interests.
Detailed Information:
The Western Yalanji people consent to the continued operation, use and maintenance of all Non-Extinguishing Infrastructure, being infrastructure that is not Extinguishing and was constructed in the ILUA area before its commencement date, as well as all acts necessary for the operation of that infrastructure. This includes consent that certain 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.

Related Entries

  • Mareeba Shire Council - Signatory
  • National Native Title Tribunal
  • North Queensland Land Council (NQLC)
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Rodney Riley - Signatory
  • Desmond Brickie - Signatory
  • Thomas James Mitchell - Signatory
  • Dell Riley - Signatory
  • Graham Brady - Signatory
  • William Steven Brady - Signatory
  • Western Yalanji People

  • References

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


    Western Yalanji and Mareeba Shire Council Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)


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

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