Tablelands Regional Council Girramay People #2 Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per schedule 1 of the agreement, as all the land and waters in covered by the native title determination application QUD741/2015 Girramay People #2 (NNTT File No.: QC2015/010) within the Tablelands Regional Council area.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 8 January 2019. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Tablelands Regional Council Girramay People #2 Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Tablelands Regional Council and Abraham Muriata and Claude Berron on behalf of the Girramay People #2.

The agreement area covers about 415 sq km, east of the Herbert River, 36 km west of Cardwell and 41 km south west of Tully.

The purpose of the agreement is to provide consent to acts relating to the maintenance, operation and development of infrastructure (specifically public roads and minor works) already established within the ILUA area.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Agreement area:

The agreement area is approximately 415 sq km in size, located east of the Herbert River, approximately 36 km west of Cardwell and 41 km south west of Tully.

Commencement:

The agreement's procedural clauses commenced on the date it was signed by the last of the parties ('the commencement date'), and the ILUA commenced operating on the date of registration on 8 January 2019.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the agreed acts.

Extinguishment

No act done by the Tablelands Regional Council, under this agreement, will extinguish native title rights and interests in the agreement area.

Future act provisions

The parties consent to the doing of the following agreed acts by non-native title holders:

• the continued use, operation and maintenance of Council infrastructure that is not extinguishing infrastucture, and was constructed in the agreement area on or before the commencement date;
• the use, operation and maintenance of 'off alignment roads', being those roads wholly or partially outside the land taken for public use as a road;
  
• the construction or carrying out of minor works or activities, such as infrastructure construction in emergency circumstances, tree lopping close to infrastructure, erecting sign posts and accessing the ILUA area at a reasonable time to complete these works; and
• any work or activity that is proposed to the native title parties by notice, and that the native title parties give consent for.
  

Native Title in the Agreement Area:

The native title determination application QUD741/2015 Girramay People #2, to which schedule 1 of this ILUA refers, was determined by consent in the Federal Court of Australia ('FCA') proceeding Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA 1120 (FCA File No.: QUD741/2015, NNTT File No.: QCD2018/003). The ILUA area is within the determination area of Girramay People #2.

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