Kalkadoon People, Stanbroke and State of Queensland - Kamilaroi Indigenous Land Use Agreement (ILUA)
|Date: ||1 December 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||130 kilometres north of Mount Isa|
|The ILUA covers all the land and waters within the Kamilaro Pastoral Holding (Lot 100 on PH1945). The area covers 2590 square kilometres, is located approximately 130 kilometres north of Mount Isa and falls within the Local Government Authorities of the Burke Shire Council and Cloncurry Shire Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 May 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2011/065|
|Subject Matter:||Native Title | Native Title - Extinguishment | Pastoral Activities|
|Summary Information: |
|The Kalkadoon People, Stanbroke and State of Queensland - Kamilaroi Indigenous Land Use Agreement (ILUA) was agreed between:
- Stanbroke Pastoral Company Pty Ltd;
- Illona Parter, Noeleen Dempsey, Douglas Bruce, William Doyle, Lawrence (Sonny) Coldren, Cornelia (Connie) Craigie, Particia Kyle, Sue Sarmardin (Jr) and Hazel Munro on their own behalf and on behalf of the Kalkadoon People; and
- the State of Queensland
on 5 May 2012.
The purpose of this ILUA is to extinguish Native Title over certain areas of land to enable the continuation of the Kamilaroi pastoral Lease, either as a perpetual lease or as freehold land. |
|Detailed Information: |
The parties to this ILUA agree that the Native Title party will Surrender their land, with the intention that Native Title be extinguished, when the application to convert parts of the Kamilaroi Lease to perpetual lease and/or to freehold land has been approved.
The Surrender Area does not include the ‘Operative Area’ of the lease, which refers to a bush paddock and the unfenced south-western corner of Mistake Paddock.
The ILUA will commence on 1 January 2012, with the exception of:
Part A – which will commence on the date that a determination of native title in favour of the Kalkadoon People, made with the consent of the Proponent, takes effect in respect of the Native Title Claim Area including the Agreement Area; and
Part B – which commences in accordance with clause 11.1 of the agreement.
Native Title in the ILUA Area
The Kalkadoon people first lodged a native title application in 1995 followed by five other applications. Kalkadoon #4 was filed in 2005 with Kalkadoon #5 application lodged in 2006 and both were accepted for registration pursuant to the Native Title Act 1993 (Cth). In 2010, the Federal Court combined the #4 and #5 applications and the application was accepted for registration pursuant to s109 of the Native Title Act 1993 (Cth).
On 12 December 2011, the Federal Court determined that Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.
In total, the claim area covers some 38,719 square kilometres including low lying plains in the north, north east and southern sections, the Cloncurry Ranges in the mountainous centre, the City of Mt Isa, the townships of Gunpowder, Kajabbi, Quamby, Mary Kathleen and Duchess, branches and tributaries of the Leichhardt River, the south western headwaters of the Cloncurry River, and the middle and upper reaches and tributaries of the Georgina River in Central and North Queensland.
Around 4078 square kilometres is held exclusively by the Kalkadoon people with non-exclusive native title rights held by the Kalkadoon People over the remainder of the land (National Native Title Tribunal, 2011).
This ILUA is one of a large number which have been made in order to recognise and secure a range of non-native title interests in the determination area.