Agreements, Treaties and Negotiated Settlements Project

Wooroonooran Indigenous Land Use Agreement (ILUA)
Date:	23 August 2010
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Wooroonooran
State/Country:	Queensland, Australia
	The area covered by this ILUA comprises around 167 square kilometres of land and water in Far North Queensland, and is located 40 kilometres southwest of Cairns, east of Yungaburra and southwest of Gordonvale. This area falls within the jurisdiction of the Cairns Regional Council and the Tablelands Regional Council. It extends beyond the Determination Area of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia. The ILUA area includes parts of Gadgarra Forest Reserve, Wooroonooran National Park and unallocated state land in the vicinity of the upper reaches of the Mulgrave River.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 August 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No. QI2010/001
Subject Matter:	Land Management
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.001/ILUARegisterExport.pdf
Summary Information:
The Wooroonooran Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland, the Dulabed and Malanbarra and Yidinji Aboriginal Corporation and Len Royee and Lorraine Muckan on behalf of the Combined Dulabed and Malanbarra Yidinji People. The purpose of this ILUA is to provide consent for a range of acts that are also required to give effect to a Conservation Agreement between the parties.
Detailed Information:
The parties to the ILUA consent to the doing of the following acts: The declaration of the Aboriginal Land Act 1991 (Qld) (ALA) Area and Quarry Areas 1 and 2 as transferable land and the grant of these areas to the Dulabed Malanbarra and Yidinji Aboriginal Corporation under the ALA; The entry into a Conservation Agreement between the parties; The declaration, use and management of the Nature Refuge Area as a nature refuge under the Nature Conservation Act 1992 (Qld); The dedication, use and management of the Recreation Reserve Areas as reserves under the Land Act 1994 (Qld) under the trusteeship of the Cairns Regional Council, which includes the issuing of Permits to Occupy over the Reserve Areas; The dedication, use and management of the Cultural Reserve Area as a reserve under the Land Act 1994 (Qld) under the trusteeship of the Cairns Regional Council; The dedication, use and management of the Road Areas under the Land Act 1994 (Qld), and the issuing of Permits to Occupy with respect to the Road and Quarry Areas; and The grant or renewal of commercial activity permits within the Wooroonooran National Park under the Nature Conservation Act 1992 (Qld). The Dulabed Malanbarra and Yidinji Aboriginal Corporation is the Prescribed Body Corporate that manages the Combined Dulabed Malanbarra Yidinji People's native title rights in the ILUA area, and is referred to in the ILUA as the Prescribed Body Corporate. Right to negotiate provisions The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to this agreement. Background to native title in the ILUA area A large part of the ILUA area is subject to the determination of native title made in the proceeding QUD 6012 of 2001 by the Federal Court of Australia on 17 December 2009. This proceeding was the 84th consent determination to be made in Australia, and involved recognition of the Combined Dulabed Malanbarra Yidinji Peoples' native title rights over 16,460ha of land and waters in Far North Queensland. The State of Queensland (which is also a signatory to this ILUA) was one of the respondents to this proceeding. In this proceeding, the Combined Dulabed Malanbarra Yidingi Peoples were recognised as having exclusive native title rights over one third of their claimed area, which consisted of unallocated state land. They were also recognised as having non-exclusive rights over 9,920ha of reserves and national parks, where they were entitled to perform cultural activities, hunt, fish and gather, camp on, traverse and access the land, and take and use its resources, including water, for personal and domestic (but not commercial) purposes. These non-exclusive rights were to be exercised alongside the rights of other parties. This consent determination does not take final effect until four Indigenous Land Use Agreements (ILUAs) that have been negotiated by the parties with respect to the ILUA area are registered. This ILUA is one of these agreements. It was negotiated with the intent of clarifying the parties' rights and interests in the area covered by the consent determination.