Kalkadoon People/Mellish Park Indigenous Land Use Agreement (ILUA)
|Date: ||17 May 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement covers about 330 square kilometres, located approximately 175 kilometres north of Mt Isa and falls within the Local Government Authority of the Burke Shire Council .|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 May 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:
|Subject Matter:||Access | Native Title|
|Summary Information: |
|The Kalkadoon People/Mellish Park Indigenous Land Use Agreement (ILUA) was agreed between:
- Alan James Webber; and
- Illona Parter, Noeleen Dempsey, Douglas Bruce, William Doyle, Lawrence (Sonny) Condren, Cornelia (Connie) Craigie, Patricia Kyle, Sue Sarmardin (Jr) and Hazel Munro on their own behalf and on behalf of the Kalkadoon People.
The purpose of this ILUA is to deal with terms of access to land.
|Detailed Information: |
The information provided in the ILUA Extract is limited to a statement regarding sections of the Native Title Act 1993 (Cth) which detail Effect of registration on proposed acts covered by indigenous land use agreements and the Effect of registration on previous acts covered by indigenous land use agreements .
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means that the ILUA does not:
- provide consent for the doing of any acts by non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous acts.
The ILUA commences on the date that a determination of native title in favour of the Kalkadoon is made, or the last date on which all parties have executed the Agreement, whichever is the latter.
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 38,720 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.