Combined Gunggandji and Cairns Regional Council Indigneous Land Use Agreement (ILUA) |
| Date: | 22 December 2011 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | |
| State/Country: | Queensland, Australia |
| The area subject to this agreement covers about 11 square kilometres over a number of parcels
on Fitzroy Island and to the east of Cairns in the vicinity of False Cape. The area is falls within the Local Government Authority of Cairns Regional Council. |
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| Legal Status: | Registered with the National Native Title Tribuanl on the Register of Indigenous Land Use Agremeents on 22 December 2011. This is an authorisied area agreement under the Native Title Act 1993. | |
| Legal Reference: | Tribunal file no:
QI2011/048 | |
| Subject Matter: | Economic Development | Future Act | Health and Community Services | Local Government | Native Title |
| URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2011/048 | |
| Summary Information: | |
| The Combined Gunggandji and Cairns Regional Council Indigneous Land Use Agreement (ILUA) is an area agreement between:
- Cairns Regional Council; and
- Les Murgha on his own behalf and on behalf of the Combined Gunggandji People.
The purpose of the ILUA is to provide consent to various future acts proposed by the local government authority.
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| Detailed Information: | |
| Details of the agreement
Non-Extinguishing Infrastructure
Non-Extinguishing Infrastructure is Cairns Council infrastructure that is not a validly-constructed public work and was constructed or established within the ILUA Area on or before 22 December 2011.
Under this agreement the Combined Gunggandji People consent to the continued operation, use and maintenance of:
(a) the Non-Extinguishing Infrastructure;
(b) the land on which the Non-Extinguishing Infrastructure is located; and
(c) any land or waters which is adjacent to the land on which the Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation of the
Non-Extinguishing Infrastructure.
Roads
The Combined Gunggandji People consent to:
- the operation and maintenance by or on behalf of the Council of all contructed roads at the date the ILUA came into effect (22 December 2011);
- the use by the public of the constructed roads; and
- the dedication by the Minister of all constructed roads as at the date that the ILUA commenced.
Future Acts
The native title party also consents to the doing of approved future acts. If the Council wishes to construct or carry out further works or activities in the ILUA Area for which it has not already received consent for under the ILUA, it can seek consent by having the act become an approved future act.
A work or activity is an approved future act if:
- it is described in a Proposed Activity Notice or Revised Activity Notice given to the Native
Title Party; and
-either:-
(i) the Native Title Party has given a Concurrence Notice; or
(ii) consent is deemed to be given under paragraph 10 of Schedule 2 to the ILUA.
Other
The Combined Gunggandji People and Cairns Regional Council further consented to:
- the construction or carrying out of minor works or activities; and
- three lots of land being dedicated by the Minister as roads under the Land Act 1994 (Qld) on Fitzroy Island.
Background to the ILUA
Native Title History
The Combined Gunggandji native title party received recognition of their native title rights and interests on 22 December 2011 when the Federal Court of Australia handed down the consent determination Murgha on behalf of the Combined Gunggandji Claim v State of Queensland [2011] FCA 1511. The consent determination recognised the Gunggandji People's native title rights and interests in the entire determination area. The determination area covered North Yarrabah Deed Of Grant In Trust land and various surrounding parcels of land around Yarrabah in North Queensland. The registered native title body corporate is the Gunggandji PBC Aboriginal Corporation (National Native Title Tribunal, Native title determination summary - Combined Gunggandji).
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