Agreements, Treaties and Negotiated Settlements Project

Bar-Barrum and Telstra Indigenous Land Use Agreement (ILUA)
Date:	18 February 2002
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Mareeba
State/Country:	Queensland, Australia
	The ILUA covers the area of land and water where native title was determined to exist in the Federal Court determination on 28 June 2001 over native title application QG6222/98 (Federal Court file number). This area is shown on Plan AP517 which is attached to the determination at Schedule 1. The area is 316.386 sq km and is located in the Atherton Tablelands area, inland southwest of Cairns. It is within the Mareeba Shire Council local government area and the Cairns and District ATSIC region.

Legal Status:	Registered with the National Native Title Tribunal
Legal Reference:	National Native Title Tribunal File No: QI2001/025
Subject Matter:	\| Native Title \| Future Act \| Recognition Agreement / Acknowledgement \| Land Use
Summary Information:
The Bar-Barrum People and Telstra Indigenous Land Use Agreement (the ILUA) protects Telstra's existing telecommunications facilities in the area of the Bar-Barrum native title determination and provides conditions for Telstra's future telecommunications activity in the area. The agreement was made following the determination by the Federal Court that native title exists over areas of land and water in the Atherton Tablelands in northern Queensland, which were covered by the Bar-Barrum People's native title claim. In the agreement Telstra recognises the Bar-Barrum People as the native title holders of the area and the Bar-Barrum people recognise that Telstra has a statutory obligation to ensure that the standard telephone service is reasonably accessible to all people in Australia, on an equitable basis. The native title holders (the Bar-Barrum) consent to work done by Telstra on existing Telstra sites in the area without notifying them. However, the ILUA states that '[t]his is not intended to affect Telstra's obligation to notify the Native Title Holders of its intention to enter the land or waters adjacent to any Existing Site if required to do so by Law'. Consent is also given for any 'grant or regrant to Telstra of an Occupancy Agreement for the approximate area of an Existing Site'. Consent is also given for grants in relation to 'proposed Construction of a Future Telecommunications facility', subject to Telstra complying with notification and consultation protocols set out in the agreement.