Eastpoint Mackay Indigenous Land Use Agreement (ILUA)
|Date: ||16 March 2005|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The ILUA area is located east of Bassett Basin in the City of Mackay and subsequently falls within the area of the Mackay City Council and the Townsville Regional Council. The ILUA includes the land and waters within Lot 18 and Lots 100-102 on SP150994; and Lot A on Plan AP10074.|
|Legal Status: ||Registered with the National Native Title Tribunal|
|Legal Reference: ||National Native Title Tribunal File No.: QI2003/00|
|Subject Matter:||Native Title | Housing, Construction and Infrastructure | Tourism | Land Use | Native Title - Extinguishment|
|Summary Information: |
|The Eastpoint Mackay Indigenous Land Use Agreement (ILUA) facilitates the grant of a Development Lease to Eastpoint Mackay Pty Ltd by the State of Queensland. The Development Lease will provide for a commercial and residential development in Mackay.|
|Detailed Information: |
|The ILUA allows the State of Queensland to grant a Development Lease to Eastpoint Mackay Pty Ltd (EMPL). This is done under the Land Act 1994 (Qld). The proposed development refers to an 'integrated tourist and residential development', described in a development application that has been submitted to, and approved by the Mackay City Council. If subsequent variations to the application are approved by the Mackay City Council, these changes will be covered by the ILUA.
Under the agreement, the Traditional Owners surrender Native Title in the ILUA area to the crown. This means that any native title rights and interests that may exist in the ILUA area have been extinguished.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the surrender of Native Title, the grant of Development Titles, or to the Development noted above, as the alternative consultation measures have been followed instead.
The ILUA takes effect on the date the agreement is executed, and operates for the term of any Development Lease granted over the ILUA area.|