| Pursuant to this ILUA, the Combined Dulabed and Malanbarra Yidinji People agree not to claim compensation from the Cairns Regional Council if their native title rights and interests are diminished, impaired or extinguished by the establishment of "Extinguishing Infrastructure", or by the construction, use, operation and maintenance of "Non-Extinguishing Infrastructure". They agree to the Council's continued operation, use and maintenance of existing "Non-Extinguishing Infrastructure", as well as the land where this infrastructure is located, and also the land and waters adjacent to it. For the purposes of this ILUA, "Non-Extinguishing Infrastructure" is limited to Council infrastructure that was established in the ILUA area on or before the commencement of the ILUA.
To the extent of any inconsistency between the Combined Dulabed and Malanbarra Yidinji People's native title rights and interests and the operation, use and maintenance of Non-Extinguishing Infrastructure by the Council, the native title rights will be suppressed.
Public roads
More specifically, the Combined Dulabed and Malanbarra Yidinji People consent to the Council's operation and maintenance of roads for public use, and also to the dedication of these roads by the Minister responsible for administering the Land Act 1994 (Qld). As certain roads within the ILUA area are wholly or partially outside the zones that were intended to be taken for public use as roads, the Combined Dulabed and Malanbarra Yidinji People also consent to these roads being operated, maintained, and dedicated by the Minister. They agree not to claim compensation from the Council, the Minister or the State of Queensland for any dimunition of their native title rights that stems from the dedication of a road for public use.
Future public works and activities
The parties also agree that if the Council plans to carry out works or activities in the ILUA area to which it has not already obtained consent, it may seek to have these works or activities classed as an "Approved Future Act". Under this ILUA, the parties consent to the doing of all Approved Future Acts.
Minor works and Reserves
The parties also consent to the carrying out of minor works or activities on certain conditions, as well as to the dedication, management and use of the Goldborough Valley Reserves. In particular, the Combined Dulabed and Malanbarra Yidinji People agree not to challenge the validity of the dedication of the Reserves. For the purposes of this ILUA, the Reserves are made up of the Cultural Reserve Area and the Recreational Reserve Area set out in the Wooroonooran Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/001).
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 any "future acts" consented to under this agreement.
Background to native title in the ILUA area
The ILUA area falls within 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.
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. | |
