Kalkadoon Local Government Indigenous Land Use Agreement (ILUA)
|Date: ||31 May 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|This agreement covers about 38,720 square kilometres and is located in the
vicinity of Mount Isa.
The area includes all the lands and waters
within the external boundary of native title determination application QUD579/05 Kalkadoon People #4 (QC10/4) as accepted for registration on 15 March 2011.
It falls within the Local Government Authorities of Burke , Boulia, Carpentaria, Cloncurry, McKinlay Shire Councils and Mount Isa City Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 May 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2012/038|
|Subject Matter:||Access | Consultation | Housing, Construction and Infrastructure|
|Summary Information: |
|The Kalkadoon Local Government Indigenous Land Use Agreement (ILUA) was agreed between:
- Boulia Shire Council, Cloncurry Shire Council, Burke Shire Council, McKinlay Shire Council and Mount Isa City Council;
- Illona Parter, Noeleen Dempsey, Douglas Bruce, Lawrence "Sonny" Condren, Patricia Ann Kyle, Cornelia Craigie, William Doyle, Hazel
Munro and Sue Sarmardin (Jnr) as the Applicant for Native Title Determination Application QUD579/2005 (Kalkadoon People #4); and
- Kalkadoon Community Pty Ltd ACN 122 253 098.
The purpose of this ILUA is to provide consent for activities if they are considered to have a 'low native title impact'.|
|Detailed Information: |
Native Title and Activities on Non-Freehold Land
The Parties consent to any activity which has a Low Native Title Impact. There are no conditions on the consent to such an activity.
Activities which are considered to be low impact are detailed in schedule 7 of the ILUA and are available with the ILUA extract. The activities include:
- Low impact infrastructure
- Statutory approvals
- Low impact tenure grants
- Pest control
- Contractual interests
- Operational activities
- Access and site investigation
- Contractual interests with third parties
- Low impact works/infrastructure otherwise agreed at a capital works forum
- Anything which prevents the exercise and enjoyment of Native Title if the activity is
(a) short term
(b) lawfully done pursuant to a permitted lease; or
(c) required by law.
Native Title Provisions
The right to negotiate does not apply to any future acts covered in this 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 38,720 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.