ATNS - Agreements, Treaties and Negotiated Settlements project

Print this page
Western Yalanji #3 Fossicking Indigenous Land Use Agreement (ILUA)
Date:	18 May 2006
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:
	Click this link to search this location with google maps
State/Country:	Far North Queensland, Australia
	Click this link to search this location with google maps
	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 'ILUA Area: means the land and waters subject to native title determination application QUD6089/98 Western Yalanji People #3 (QC98/39) as accepted for registration on 04 November 2002, more specifically described as Lot 1 on Plan CF14 and Lot 285 on Plan SP108034.' The ILUA area is within the Cook Shire Council and Mareeba Shire Council local government areas, and within the area of the Peninsula Regional Council.
Legal Status:	Legally binding as an Indigenous Land Use Agreemen
Legal Reference:	National Native Title Reference No.: QI2005/015
Subject Matter:	Exploration \| Native Title
Summary Information:
The Western Yalanji #3 Fossicking Indigenous Land Use Agreement (ILUA) was agreed between the Queensland Lapidary & Allied Craft Clubs Association Inc and Mr Rodney Riley on 18 May 2006. The purpose of the ILUA is to allow the grant and use of Fossicking Licences within the ILUA area.
Detailed Information:
The Western Yalanji people consent to the grant and use of Fossicking Licences, as well as allowing camping to take place in the ILUA area. The parties also agree that fossicking cannot take place within 50 metres of either side of the centerline of Fine Gold Creek. 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.