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Mt Etna Indigenous Land Use Agreement (ILUA) | | Date: | 3 November 2008 | | | Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | | Place: | Mount Etna | | State/Country: | Queensland, Australia | | This Indigenous Land Use Agreement (ILUA) covers Lot 124 and part of Lot 123 on unregistered plan SP208183. It is located in the vicinity of Mt Etna, approximately 22 kilometres north-west of Rockhampton in the state of Queensland. The ILUA area falls within the jurisdiction of the Rockhampton Regional Council. | | | | Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 November 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | | | Legal Reference: | National Native Title Tribunal File No. QI2008/011. | | | Subject Matter: | Land Use | Native Title - Extinguishment | | URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.011/ILUARegisterExport.pdf | | | Summary Information: | | | The Mt Etna Indigenous Land Use Agreement (ILUA) was agreed between:
- Alan Douglas Hatfield, David Raymond James, Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross, being the persons who constitute the Darumbal Applicant;
- The State of Queensland; and
- Cement Australia (Queensland) Pty Ltd
The purpose of this ILUA is to provide consent for the surrender of certain portions of land in the ILUA area, as well as the conversion of other parts of the ILUA area into national parks. | | Detailed Information: | | | Consent to surrender and extinguishment of native title
The parties consent to the surrender of a portion of the land within the ILUA area defined as the ‘Surrender Area’. This surrender is intended to extinguish any native title that may exist within the ‘Surrender Area’.
Consent to ‘National Parks Acts’
The parties consent to doing of certain acts defined as ‘National Parks Acts’. Based on secondary sources, it can be assumed that these acts involve the conversion of certain portions of the ILUA area into national parks. The doing of these ‘National Parks Acts’ is not intended to extinguish the native title rights and interests of the Darumbal people. However, consistent with the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth), native title rights and interests in the ILUA area will be suspended to the extent that they are inconsistent with these future acts.
General provisions
The parties agree that their consent to the doing of these acts constitutes the requisite consent for the purposes of ss 24EB(1)(b) and 24EBA(1)(d) of the Native Title Act 1993 (Cth), which cover the effect of registration on previous and proposed acts covered by ILUAs. In particular, these provisions limit the ability of parties to seek any compensation for future acts other than that provided for within the ILUA.
The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to the doing of any act covered by this ILUA.
Background to this ILUA
This ILUA is the product of Cement Australia’s decision to close down its mining operations in Mt Etna. In doing so, Cement Australia must comply with statutory regulations to ensure that the mine area is left in an environmentally sound condition. To this end, Cement Australia intends to convert part of the area into national parks, while another part is to be left for conservation, farming and other purposes.
Native title in the ILUA area
The ILUA area comprises two parcels of unallocated state land, over which the Darumbal People have an existing native title claim. The Darumbal People have lodged two native title applications named ‘Darumbal People’ (Federal Court File No. QUD6131/98) and ‘Darumbal People #2’ (Federal Court File No. QUD6001/99). The Darumbal People native title claim was filed on 27 June 1997 and covers 52, 377 square kilometers of land and waters in the Rockhampton region. The Darumbal People #2 claim was filed on 22 January 1999 and covers approximately 757.6 square kilometers of land in the Rockhampton region. It is difficult to determine which of these claims overlaps with the ILUA area. | |
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