Burketown Wharf Upgrade Project Indigenous Land Use Agreement (ILUA)

Gulf of Carpentaria

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17/06/2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Burketown Wharf Upgrade Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Burke Shire Council and the Gangalidda and Garrawa Native Title Aboriginal Corporation RNTBC (Registered Native Title Body Corporate).

The purpose of the ILUA is to provide consent for the Burke Shire Council to undertake works to upgrade the wharf in the ILUA area.

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

Commencement

The ILUA is binding and has effect from the date when signed by all the parties, aside from clause 7 of the agreement which takes effect from its registration date.

Native Title Provisions

The parties consent to the activities constituting the 'Wharf Upgrade Project' including:

• the expansion and upgrade of that part of Truganini Road that falls within the ILUA area;
• the construction of a 36 metre floating pontoon with 24 metre gangway and 24 metre walkway;
• the construction of an entertainment area adjacent to the Albert River, including new shelters, toilets, irrigation, water supply infrastructure, landscaping and BBQ facilities;
• the expansion of the single lane recreational fishing ramp to a three lane barge capable boat ramp
• the construction of 70 all-weather car/trailer/ute car parks and
• the doing by Burke Shire Council of all things ancilary to or reasonably necessary for the Wharf Upgrade Project, including the grant of any interest, including any lease or licence in relation to the ILUA area.

The ILUA enables the Burke Shire Council to undertake the works to upgrade the Wharf and to do upgrade works in the future.

The Wharf Upgrade Project does not involve providing facilities to enable camping or sites for caravans or motorhomes in the ILUA area.

Right to negotiate:

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

Native Title in the Agreement Area:

The ILUA is within the area of the native title determination Gangalidda & Garawa People v State of Queensland [2010] FCA 646. (FCA file no.: QUD66/2005 , NNTT file no.: QC2005/0003)

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