Darumbal Marmor Indigenous Land Use Agreement (ILUA) |
| Date: | 16 May 2011 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | Marmor |
| State/Country: | Queensland, Australia |
| The area covered by this Indigenous Land Use Agreement (ILUA) comprises Lot 209 on DS 673 and Lot 80 on USL 34972 in Marmor. It is situated in the Parish of San Jose in central Queensland, in the vicinity of Rockhampton. The ILUA area falls within the jurisdiction of the Rockhampton Regional Council, and also lies within the County of Deas Thompson. |
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| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 May 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | |
| Legal Reference: | National Native Title Tribunal File No. QI2010/039 | |
| Subject Matter: | Future Act | Native Title - Extinguishment |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.039/ILUARegisterExport.pdf | |
| Summary Information: | |
| This Indigenous Land Use Agreement (ILUA) was agreed between the following parties:
- the State of Queensland;
- Unimin Australia Ltd; and
- Mr Alan Douglas Hatfield, .
The purpose of this ILUA is to provide consent for the surrender and extinguishment of native title in the ILUA area. |
| Detailed Information: | |
| Contents of this ILUA
Pursuant to this ILUA, the parties give their consent to the surrender of native title in the ILUA area to the State of Queensland, with this surrender to take effect upon the registration of the agreement. The surrender is intended to extinguish any native title rights that may exist with respect to this area.
The parties also agree that to the extent that any preliminary step to the achievement of the surrender constitutes a future act, that step will have the necessary consent under this agreement.
The right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) are not intended to apply to any of the future acts covered by this ILUA.
Background to this ILUA and native title in the ILUA area
ILUA signatories Alan Douglas Hatfield, Robert Michael Muir, Rodney William Mann, Warren John Malone and Vanessa Ross represent the Darumbal People in two registered native title claims. The first of these - the Darumbal People #1 claim - was filed with the Federal Court of Australia on 27 June 1997 as proceeding QUD6131 of 1998. This claim relates to approximately 52,377 square kilometres of land in central Queensland.
The second claim - Darumbal People #2 - was filed with the Federal Court on 22 January 1999 as proceeding QUD 6001 of 1999. It covers approximately 757.6 square kilometres of land.
The two native title claims by the Darumbal People apply to the Rockhampton region of central Queensland, and also encompass offshore islands and marine areas along the Capricorn Coast. While both claims remain active, Darumbal Enterprises Pty Ltd (an entity established by the Darumbal People #1 native title claimants) has described progress on the claims as 'very slow' - largely due to the legalistic processes involved in the recognition of the Darumbal People's traditional connection to country (Darumbal Enterprises Pty Ltd 2006, 3).
As their native title claims continue to be mediated, Mr Alan Douglas Hatfield and the other ILUA signatories have entered into a number of Indigenous Land Use Agreements with respect to their claimed areas. These agreements include the Darumbal Marlborough Nickel Pipeline Indigenous Land Use Agreement, the Mt Etna Indigenous Land Use Agreement and the Darumbal Area Indigenous Land Use Agreement. | |
