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Jirrbal People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA) | | Date: | 7 February 2011 | | | Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | | Place: | Ravenshoe | | State/Country: | Queensland, Australia | | The area covered by this Indigenous Land Use Agreement (ILUA) falls within the Determination Area of native title made in the proceedings Jirrbal People #1 (QUD6001/03), Jirrbal People #2 (QUD41/04) and Jirrbal People #3 (QUD42/04) by the Federal Court of Australia on 8 October 2010. The ILUA area comprises approximately 750 square kilometres, and is situated west of Innisfail and Tully and south of Atherton in the state of Queensland. It is located in the vicinity of Ravenshoe, and lies within the jursdiction of the Tablelands Regional Council. | | | | Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 February 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | | | Legal Reference: | National Native Title Tribunal File No. QI2010/029 | | | URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.029/ILUARegisterExport.pdf | | | Summary Information: | | | This Indigenous Land Use Agreement (ILUA) was agreed between the Tablelands Regional Council and the Jirrbal People. According to a National Native Title Tribunal publication titled Jirrbal People's Native Title Determination (8 October 2010), the purpose of this ILUA is to provide for the protection of Aboriginal cultural heritage, while establishing how development will proceed in the local government area. | | Detailed Information: | | | Consent to certain activities with High and Low Native Title Impact
'Low Native Title Impact Activities' - Schedule 8
The parties to this ILUA give their consent to any activity that has a Low Native Title Impact. There are no conditions on the undertaking of such an activity.
Activities with a Low Native Title Impact are outlined in Schedule 8 to this ILUA. They include the following:
- maintenance activities (for example, repairing buildings, mowing parks);
- low impact infrastructure (for example, street signs, underground water pipelines);
- statutory approvals (for example, permits under Local Laws, environmental approvals);
- low impact tenure grants (for example, easements, permits to occupy);
- acts that involve, permit or require the granting, issuing or making anything that rectifies an invalid past act;
- pest control (for example, removing weeds);
- contractual interests;
- operational activities (for example, storage and stockpiling of gravel);
- access and site investigation (for example, surveying an area, water quality testing);
- activities undertaken for the purpose of preventing or minimising harm to persons or public property during an emergency;
- contractual interests with third parties;
- low impact works or infrastructure; and
- implementation of an Approved Management Plan.
'High Native Title Impact Activities' - Schedule 9
The parties to this ILUA also give their consent to the undertaking of certain High Native Title Impact Activities, which are listed in Schedule 9 to this ILUA, as long as one of the following two conditions are satisfied:
- the local government must give a Compliance Notice to the Jirrbal People's representative and complete a consultation process set out in Clause 45.1(b); or
- if the activity involves a capital work dealt with at a Capital Works Forum, the local government must give a list of capital works involving the activity, and consensus must be reached under Clause 62.6(e) about the activity being carried out.
Consent to future acts relating to the Herberton Battery Site reserve
The parties consent to the following future acts:
- the dedication by the State of Queensland of a reserve for purposes over Lots 701 and 702 on Plan H2531 in Herberton (the Herberton Battery Site) under s 31 of the Land Act 1994 (Qld), with the Tablelands Regional Council to be appointed as the trustee of the reserve; and
- the use, management and operation of the reserve for the purposes for which the reserve is dedicated.
The Tablelands Regional Council is to consult with the Jirrbal People when setting out a draft management plan for the reserve.
Consent to 'Acts Already Done' - Schedule 11
The parties give their consent to the validation of certain 'Acts Already Done' for native title purposes, and agree that these acts have not extinguished any native title.
The parties also agree that any future acts that were done before the execution date of this ILUA and that do not constitute intermediate period acts under the ILUA will be validated.
The following acts are included in the definition of 'Acts Already Done':
- activities that involved the construction of all roads in the ILUA area outside a road reserve, on or before the execution date of this agreement;
- activities that involved the improvement or maintenance of land or waters in the ILUA area by or on behalf of the local government on or before the execution date of this agreement, where all the activities were done for the public benefit and not on local government-owned land; or
- activities that involved the grant to the local government of an interest in land or waters in the ILUA area, or gazettal for the benefit of the local government in the ILUA area, on or before the execution date of this agreement. These activities do not include a previous exclusive possession act, nor the compulsory acquisition of native title.
Right to negotiate provisions
The parties 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 any future acts to which consent may be given under this ILUA.
Background to native title in the ILUA area
The area covered by this ILUA falls within the Determination Area of native title made in the proceedings Jirrbal People #1 (QUD6001/03), Jirrbal People #2 (QUD41/04) and Jirrbal People #3 (QUD42/04) via consent determination by the Federal Court of Australia. These proceedings recognised the Jirrbal People's native title rights over approximately 92,003 hectares of land and waters, including sections of the Malaan National Park and Tully Falls National Park. The Wabubadda Aboriginal Corporation was established as the Prescribed Body Corporate to manage the Jirrbal People's native title rights on their behalf.
This ILUA is one of four Indigenous Land Use Agreements entered into by the Jirrbal People in relation to these consent determinations. These ILUAs are intended to provide for the exercise of the parties' rights and interests at ground level, with this one in particular seeking to provide for the protection of Aboriginal cultural heritage, and the undertaking of local government development in the ILUA area. Links to the entries for these agreements on the ATNS database have been provided below. | |
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