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Talaroo Freeholding Indigenous Land Use Agreement

Category: Agreement
Date: 5 August 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Talaroo 

State/Country:Queensland , Australia

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 317 square kilometres, located 30 km northeast of Georgetown in Northern Queensland. For details of the area, see the  Map of Agreement Area of the ILUA, attached below under documents. The area is within the jurisdiction of the Etheridge Shire Council.

Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 February 2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/009
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020%2F009
Summary Information:

The Talaroo Freeholding Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

  • David Hudson and Barry Fisher on their own behalf and on behalf of the Ewamian People;
  • the Ewamian Aboriginal Corporation; and
  • State of Queensland acting through the Department of Natural Resources, Mines and Energy.

The purpose of the ILUA is to provide the Ewamian People's consent to the extinguishment of their native title over the ILUA area. 

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

Detailed Information:

Background to the Agreement 

The Indigenous Land Use Agreement (ILUA) was proposed in September 2019 by the Ewamian Aboriginal Corporation, to allow for the change of the tenure of Talaroo from a pastoral lease into a freehold estate.   The purpose of this change was to facilitate the development of the Talaroo Tourism Project for the benefit of the Ewamian people. As the agreement area encompasses the Talaroo Springs Nature Refuge, there was potential for the Ewamian people to develop the Talaroo Hot Springs as a tourist attraction (Ewamian Aboriginal Corporation, 2019). This goal was achieved in June 2021. Prior to the ILUA, the Ewamian Aboriginal Corporation held a pastoral lease over the area (Ewamian Aboriginal Corporation, 2019). 

Details of the Agreement

Commencement and Termination

The agreement commenced on 5 August 2020. The ILUA is binding from the date when signed by all parties. It has effect an an ILUA, and in relation to the agreed future acts, from the registration date, on  12 February 2021. 

If settlement of the ILUA is not completed before 5pm on the sunset date, which is two years after the commencement date, the ILUA will expire. In this case, any native title within the ILUA area will not be  surrendered. If the ILUA is terminated prior to settlement then likewise, native title will not be surrendered.

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.

Extinguishment

Under this ILUA the parties agree to the extinguishment of any native title in relation to the ILUA area, and that the surrender of native title prior to extinguishment will occur immediately upon settlement.

Future act provisions

The parties agree to the doing of certain acts, including the surrender to the State of any native title in relation to the ILUA agreement area for the purposes of s 24EB(1)(b)(i) of the Native Title Act 1993 (Cth). 

The parties agree to grant a freehold estate in the land to the Ewamian Aboriginal Corporation (Ewamian Aboriginal Corporation, 2019). 


Related Entries

Organisation
  • National Native Title Tribunal
  • Ewamian People Aboriginal Corporation RNTBC - Signatory
  • State of Queensland - Signatory
  • North Queensland Land Council (NQLC)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Ewamian People - Signatory

  • References

    General Reference
    Ewamian Aboriginal Corporation (2019) Talaroo Hot Springs Tourism Development and Talaroo Pastoral Lease Conversion to Freehold Land, owned by Ewamian Aboriginal Corporation (EAC).

    Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/009 as at 12/2/2021 (Talaroo Freeholding ILUA). - ( PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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