ATNS - Agreements, Treaties and Negotiated Settlements project

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Ewamian Protected Areas Indigenous Land Use Agreement (ILUA)
Date:	15 July 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Lyndhurst.
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State/Country:	Queensland, Australia
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	The agreement covers about 478 sq km over three portions. Northern portions are located approx. 20 km southeast of Mount Surprise and the southern portion is located approx. 30 km southwest of Lyndhurst in the State of Queensland. The Agreement Area includes: - Lot 3 on CP852261 (Mount Rosey Resources Reserve; - part of Lot 1004 on NPW962 (Blackbraes Resources Reserve) (formerly Lot 1 on LH6) within the external boundary of the QUD6009/99 Ewamian People #2 (QC99/13) native title determination application as accepted for registration on 9 July 2002; - part of Lot 26 on NPW874 (Undara Volcanic National Park) within the external boundary of the QUD6018/01 Ewamian People #3 (QC01/16) native title determination application as accepted for registration on 27 June 2002.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 July 2014. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2014/025
Subject Matter:	Access \| Management / Administration
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/025
Summary Information:
The Ewamian Protected Areas Indigenous Land Use Agreement (ILUA) was agreed between: - the State of Queensland; - Ewamian People; and - the Tatampi Puranga Aboriginal Corporation. on 15 July 2014. The purpose of this Body Corporate Agreement is to provide consent to co-management of the area and to ensure access to the area.
Detailed Information:
Commencement This ILUA was registered with the National Native Title Tribunal (NNTT) on 15 July 2014. The Extract specifies that the Agreement is to continue in effect for a period of 20 years. The start date of this period is 22 January 2014, and the end date 22 January 2034. The Extract notes that Clauses 1 - 4 and 13 commence on the date of execution, being 22 January 2014. The remaining clauses of the Agreement are stated to commence on the Determination Effect Date. With regard to the Determination Effect Date, the Extract notes that where there is a determination by the Federal Court of Australia that Native Title does not exist in part of the ILUA Area or that Native Title in part of the ILUA Area is held by people other than the Ewamian People, this Agreement expires in relation to that part of the ILUA Area subject to that determination, but remains in force in relation to the balance of the ILUA Area. If a Regulated Management Plan comes into effect, the Agreement will expire in relation to the part of the ILUA Area to which the Regulated Management Plan relates and continues in force in relation to the remainder of the ILUA Area . Where a Substitute ILUA may be registered in relation to all or part of the ILUA Area, the Agreement will expire in relation to that part of the ILUA Area covered by the Substitute ILUA and continue in force in relation to any part of the ILUA Area not covered by the Substitute ILUA . Native Title Provisions The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth). This means that the ILUA does not: - provide consent for the doing of any acts by non-native title parties; - effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor - validate any previous future acts. Native Title in the ILUA Area. The agreement area only covers those land and waters which are subject to native title determination applications: - QUD6009/99 Ewamian People #2 (QC1999/013) as accepted for registration on 9 July 2002; and - QUD6018/01 Ewamian People #3 (QC2001/016) as accepted for registration on 27 June 2002.