ATNS - Agreements, Treaties and Negotiated Settlements project

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Ewamian People - Etheridge Shire Council - Ten Mile Landfill Indigenous Land Use Agreement (ILUA)
Date:	6 February 2012
Date To:	Not specified
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:
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State/Country:	Queensland , Australia
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	The area subject to this agreement covers approximately 7.3 hectares and is located approximately 9.5 kilometres south of Georgetown. The area is within the region of the Etheridge Shire Council.
Legal Status:	Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 6 February 2012. This is an authorized Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	QI2011/051
Subject Matter:	Future Act \| Land Use \| Native Title \| Native Title - Extinguishment
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Ewamian_People_-_Etheridge_Shire_Council-Ten_Mile_Landfill_ILUA_QI2011_051.aspx
Summary Information:
The Ewamian People - Etheridge Shire Council - Ten Mile Landfill Indigenous Land Use Agreement (ILUA) is an agreement between: - Ethridge Shire Council; - Barry Fisher, Katie Georgetown, David Hudson, Noel Lacey, Ron Richards on their own behalf and on behalf of Ewamian People #3; and - the State of Queensland. The purpose of the agreement is to negotiate for a landfill site to be built by the Ethridge Shire Council.
Detailed Information:
Details of the agreement Commencement The ILUA is to commence on the day the last party signs the ILUA. This information has not been released by the National Native Title Tribunal - it is therefore uncertain when the agreement commenced. The only exception is clause 8 which commenced on registration, that is, on 6 February 2012. Future Acts The parties have consented to the Council assessing the area and undertaking any future acts associated with the construction and design of landfill. Any future acts which were performed invalidly between the commencement date and the registration of the ILUA (on 6 February 2012) have been validated. Surrender of Native Title The parties have consented to surrender of Native Title in the ILUA area. This surrender means that the Application in the Federal Court of Australia made by the Ewamian People [QUD 6018/01] has been extinguished in so far as it relates to the ILUA area. The surrender came into effect on 6 February 2012 when the ILUA was registered. The Right to Negotiate The Right to Negotiate as explained under Subdivision P of Division 3 of Part 2 of the Native Title Act does not apply to any of the Future Acts discussed above. Background The Ewamian People have registered two applications for a determination of native title with respect to land and waters in northern Queensland. The first of these, the Ewamian People #2 claimant application, was filed with the Federal Court of Australia on 18 March 1999 as proceeding QUD 6009 of 1999. It covers land in the Georgetown area in northern Queensland. The second, the Ewamian People #3 claimant application, was filed on 30 April 2001 as proceeding QUD 6018 of 2001. This Ewamian People #3 claim is still ongoing and is not in mediation. This is also not the first time that the Ewamian People have surrended land. In 2004 the Ewamian People entered into the Ewamian-Etheride Townships ILUA for the purpose of surrendering native title over the townships of Einasleigh, Forsayth, Mount Surprise and Georgetown. In exchange, the agreement presented the Ewamian People with access to their traditional country through the establishment of three reserves. It also provided them with housing in Georgetown. It is unknown what, if any, benefits the Ewamian People are granted under this specific ILUA.