Djiru People Protected Areas Indigenous Land Use Agreement (ILUA)
|Date: ||22 August 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|This agreement covers about 94 square kilometres
and is located over various conservation areas in the area to the east of Tully.|
|Legal Status: ||Registered with the National Native Title Tribunal |
|Legal Reference: ||National Native Title Tribunal Number QI2011/007|
|Subject Matter:||Environmental Heritage | Forestry | Future Act | Land Use|
|Summary Information: |
|The agreement is between:
- The State of Queensland; and
- Dawn Hart, John Clumpoint, Charity Ryan, Beryl Buller, Rae Kelly, Margaret Murray and John Andy; and
- Dijru Warrangburra Aboriginal Corporation; and
- Wet Tropics Management Authority.
|Detailed Information: |
|Content of the ILUA
Commencement and Termination
The agreement commences on the latter of registration or a determination of native title. As the ILUA was registered on 22 August 2011 and the determination was handed down on 1 September 2011, the agreement is now in operation.
However, the sections relating to the New National Park Area commence on the latter of registration, a determination of native title and the dedication of the New National Park Area as a National Park. Both registration and a determination have occurred. The commencement of this section is therefore only reliant on the dedication of the national park. It is uncertain if this has occurred.
The ILUA expires on 30 June 2021, except if a regulation commences giving effect to one or more Management Plans regulating native title rights and interests. A Management Plan, quite literally a plan on how a park is to be managed, is prepared by the government following the declaration of a national park. If the Management Plan relates to part of the ILUA area then the ILUA will expire in relation to that part of the land. The remainder of the land, however, will continue to be governed by the ILUA.
The agreement does not provide consent for any future acts.
Background to the ILUA
The Djiru People filed an application in the Federal Court of Australia on 7 March 2003 and a futher claim was filed on 7 July 2003. The combined determination area consists of about 9440 hectares of land and waters. On 1 September 2011, the Federal Court of Australia recognised exclusive native title rights over 540 hectares of land and non-exclusive native title rights over 8900 hectares of land.
In response to the application and consequent determination of Native Title, the Djiru Peoples have entered into a number of ILUAs. This ILUA is one of three ILUAs signed by the Djiru Warrangburra Aboriginal Corporation on 22 August 2011. The others are the Djiru People Tenure Resolution ILUA and the Djiru People & Ergon Energy ILUA. The Djiru people also entered into a fourth ILUA with the Cassowary Coast Regional Council which was registered with the National Native Title Tribunal on 29 April 2010.
This series of ILUAs therefore negotiates the interests of the indigenous owners recognised in the consent determination and the interests already existing in the determination area. |