ATNS - Agreements, Treaties and Negotiated Settlements project

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Telstra Mandingalbay Yidinji People Indigenous Land Use Agreement (ILUA)
Date:	7 December 2006
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Far North
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State/Country:	Queensland, Australia
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	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: 1. Part Lot 111 NR 7962 (Giangurra Reserve) West of a line drawn between 148.809107 Longitude (East) 16.912979 Latitude (South) 145.810530 Longitude (East) 16.908428 Latitude (South); 2. Lot 36AP7416 (formally part of Lot 36 USL9876); 3. Part Lot 34 USL 9876 northwest of a line drawn between 145.796711 Longitude (East) 16.952344 Latitude (South) 145.798048 Longitude (East) 16.948160 Latitude (South); 4. Lot 16 USL 9897; 5. Part Lot 933 AP6360 (formerly Part Lot 933 FTY934) north of a line drawn between 145.868423 Longitude (East) 17.109973 Latitude (South) 145.895495 Longitude (East) 16.101361Latitude (South) Excluding part Historical lot 248 C157359; 6. Lot 1391 NPW373 (Grey Peaks National Park) excluding Part Historical lot 118 NR3093.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 December 2006. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title File No.:QI2004/023
Subject Matter:	Access \|
Summary Information:
The Telstra Mandingalbay Yidinji People Indigenous Land Use Agreement (ILUA) was agreed between Telstra Corporation Limited (APPLICANT); and Mr Alfred Switson Mundraby, Mr Vincent Mundraby Jnr on their own behalf and on behalf of the Mandingalbay Yidinji People; and Mandingalbay Yidinji Aboriginal Corporation on 7 December 2006. The purpose of the ILUA is to grant access to the land that is the subject of this agreement for the construction of a Telstra telecommunications facility.
Detailed Information:
The parties to the ILUA consent to the grant of an occupancy agreement and to the construction of a telecommunications facility on an existing site, as well as the construction of a telecommunications facility on a new site. The agreement also provides for Telstra to access the site, as well as to renew this grant provided that Telstra fulfils certain conditions. This ILUA 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 to future acts, 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.