Details of the Agreement
The parties have consented to any activities that have a Low Native Native Title impact as well as certain activities that have a High Native Title Impact.
Activities that have a High Native Title impact include:
- anything which consists of the construction or establishment of infrastructure, structures, improvements and earthwords which is not a Low Native Title Impact activity.
- the granting, issuing or making of a lease other than a permitted lease or the issue of a deed of grant in fee simple.
- anything which prevents the exercise and enjoyment of native title unless the activity is: (a) temporary, (b) undertaken for reasons of public health or public safety, (c) done pursuant to a permitted lease; or (d) required by law.
- anything which involves the construction or establishment of infrastructure, structure, improvements or earthworks and which is especially decided to be high impact.
Activities that have a Low Native Title impact include:
- anything which consists of the construction or establishment of infrastructure, structures, improvements and earthwords which does not prevent the exercie of Native Title; replaces previous infrastructure, structures, improvements and earthworks; responds to emergency or threats; located in a Reserve area; consists of the construction, operation, use, maintenace or repair of any of the things listed in s 24KA(2) of the Native Title Act.
- anything requiring statutory approval.
- tenure grants that are not high impact.
- anything rectifying an invalid past act.
- anything necessary for pest control.
- contractual interests relating to the management or use of land or waters for a public purpose.
- local government operational functions.
- access and site investigation activites not requiring major excavations or earthworks.
- anything undertaken to prevent or minimise harm.
- anything involving the making of a contract or agreement with third parties.
- works or infrastructure decided to be low impact for the purposes of Native Title at a Capital Works Forum.
The parties have also consented to a particular Future Act on that land. This Act is the construction and operation of a wastewater treatment plant being a reserve for sewerage disposal purposes held by the Tablelands Regional Council as trustee. This includes the construction and operation of all buildings, efflient lagoons, access roads and tracks, pipelines, tanks, valves and other infrastructure.
Native title in the ILUA area
Since the consent determination made by Justice Logan in the Federal Court on 14 December 2011, the Muluridji People are recognised as holding native title rights and interests over 12 020 hectares of land and waters in the vicinity of Mareeba in northern Queensland.
The National Native Title Tribunal convened a number of mediation conferences with the parties which also included the parties negotiating ILUAs, this particular ILUA included, to resolve practical on the ground issues. | |