ATNS - Agreements, Treaties and Negotiated Settlements project

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Tagalaka People/Alehvale and Mooremount Indigenous Land Use Agreement (ILUA)
Date:	10 December 2012
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Mittagong and Croydon
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State/Country:	Queensland, Australia
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	The Agreement Area is about 320 sq km approximately 10 km north of Mittagong and 4 km south-west of Croydon in the State of Queensland. The Agreement Area covers all the land and waters subject to: - Lot 719 on AP12368 known as the Alehvale Occupation License; and - Lot 2 on SP117603 known as Mooremount Pastoral Holding.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 March 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2014/089
Subject Matter:	Access \| Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/089
Summary Information:
Tagalaka People/Alehvale and Mooremount Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - Peter Robert Kennedy; - Janet Busch, Bill Fortune, Janette Owens, Maureen Douglas, Beverly Bowyang and Gladys Callope; and - Tagalaka Tribal Aboriginal Corporation RNTBC. The Agreement relates to the provision of access in the Agreement Area, however the Extract does not provide detailed information relating to the purpose of the Agreement.
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 3 March 2015. The Extract does not provide a specific start or end date for the Agreement. The Extract does note, however, that the Agreement commences on the date of determination of native title in favour of the Tagalaka People is made, being 10 December 2012. The Agreement will continue until: (a) the Lease term expires; or (b) surrender, resumption, forfeiture or termination of the Lease occurs; or (c) the Agreement is removed from the Register of Indigenous Land Use Agreements. 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), and so the consequences set out under these sections are not triggered by this agreement. 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 Federal Court awarded the Tagalaka People exclusive native rights to possession, occupation, use and enjoyment over approximately 105 square kilometres of land within the Determination area. Non-exclusive native title was awarded over a further 29,817 square kilometres within the Determination Area (Department of Natural Resources, Queensland Government, 2012). Native title rights and interests were therefore awarded over approximately 29,800 square kilometres of land over 469 parcels in Far North Queensland.