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Muluridji People and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)

Date: 16 March 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Tablelands Regional Council region
State/Country:Queensland, Australia
This ILUA area lies approximately 35 kilometres west of Cairns; the town of Mareeba being situated within the southeastern region of the ILUA. The Hann Tableland National Park is also located within the ILUA area.
Legal Status: Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements on 16 March 2012. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: QI2011/058
Subject Matter:Access | Future Act | | Native Title
Summary Information:
This agreement is between the Tablelands Regional Council and the Muluridji People.

The purpose of this ILUA is to provide 'for the protection of Aboriginal cultural heritage, while establishing how development in the future will proceed in the local government area' (National Native Title Tribunal).
Detailed Information:
Details of the Agreement

The parties have consented to any activities that have a Low Native Native Title impact as well as certain activities that have a High Native Title Impact.

Activities that have a High Native Title impact include:
- anything which consists of the construction or establishment of infrastructure, structures, improvements and earthwords which is not a Low Native Title Impact activity.
- the granting, issuing or making of a lease other than a permitted lease or the issue of a deed of grant in fee simple.
- anything which prevents the exercise and enjoyment of native title unless the activity is: (a) temporary, (b) undertaken for reasons of public health or public safety, (c) done pursuant to a permitted lease; or (d) required by law.
- anything which involves the construction or establishment of infrastructure, structure, improvements or earthworks and which is especially decided to be high impact.

Activities that have a Low Native Title impact include:
- anything which consists of the construction or establishment of infrastructure, structures, improvements and earthwords which does not prevent the exercie of Native Title; replaces previous infrastructure, structures, improvements and earthworks; responds to emergency or threats; located in a Reserve area; consists of the construction, operation, use, maintenace or repair of any of the things listed in s 24KA(2) of the Native Title Act.
- anything requiring statutory approval.
- tenure grants that are not high impact.
- anything rectifying an invalid past act.
- anything necessary for pest control.
- contractual interests relating to the management or use of land or waters for a public purpose.
- local government operational functions.
- access and site investigation activites not requiring major excavations or earthworks.
- anything undertaken to prevent or minimise harm.
- anything involving the making of a contract or agreement with third parties.
- works or infrastructure decided to be low impact for the purposes of Native Title at a Capital Works Forum.

The parties have also consented to a particular Future Act on that land. This Act is the construction and operation of a wastewater treatment plant being a reserve for sewerage disposal purposes held by the Tablelands Regional Council as trustee. This includes the construction and operation of all buildings, efflient lagoons, access roads and tracks, pipelines, tanks, valves and other infrastructure.

Native title in the ILUA area

Since the consent determination made by Justice Logan in the Federal Court on 14 December 2011, the Muluridji People are recognised as holding native title rights and interests over 12 020 hectares of land and waters in the vicinity of Mareeba in northern Queensland.

The National Native Title Tribunal convened a number of mediation conferences with the parties which also included the parties negotiating ILUAs, this particular ILUA included, to resolve practical on the ground issues.

Related Entries

  • Muluridji People Small Scale Mining & Exploration Activities Indigenous Land Use Agreement (ILUA)
  • Muluridji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Muluridji Protected Areas Indigenous Land Use Agreement (ILUA)
  • Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432
  • Organisation
  • Tablelands Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Muluridji People - Signatory

  • Glossary

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

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