|Details of the Agreement
Certain ILUA provisions commence on the date of execution. This exact date is, however, not specified in the ILUA extract. The other provisions commence on the date of registration which is 24 January 2013.
The parties agree that Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth), which concerns the right to negotiate, does not apply to any future act covered by the ILUA.
The parties agree that certain acts already done have been done validly and are valid for native title purposes; and have not extinguished any native title.
A future act which was done invalidly before the execution date and which is not an intermediate period act under the Native Title Act 1993 (Cth), is valid.
Low Native Title Impact Activities
The parties consent to any activity which has a low native title impact. These activities include:
- anything involving the maintenance, repair, protection or making safe of existing infrastructure, structures, improvements, earthworks and areas under the Local Government's ownership, car or control.
- anything involving the construction or establishment of infrastructure, structures, improvements and earthworks which, for example, comprise of signage or fencing or replace previously existing infrastructure.
- anything involving: statutory approvals, low impact tenure grants, invalid past acts, pest control, contractual interests, operational activities, access and site investigation, emergencies, contractual interests with third parties, law impact works agreed to at a capital works forum or the implementation of an approved management plan.
High Native Title Impact Activities
Where certain conditions are satisfied, the parties consent to any activity which has a high native title impact. These activities include:
- anything consisting of the construction or establishment of infrastructure, structures, improvements and earthworks which is not low impact infrastructure;
- 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 temporary, undertaken for reasons of public health or safety, done pursuant to a permitted lease, or is required by law.
- involving involving the construction or establishment of infrastructure, structures, improvements or earthworks and which is decided to be high impact for the purposes of native title at a Capital Works Forum;
- anything which involves the construction of or establishment of infrastructure, stuctures, improvements or earthworks or the clearing of vegetation within the Tolga Scrub.
The conditions are that the Local Government satisfy one of the following:
- the Local Government gives a compliance notice to the native title party's representative and the Local Government completes consultation.
- where the activity involves a capital work dealt with at a Capital Works Forum, the Local Government gives a list of capital works involving the activity and consensus is reached about the activity being carried out.
Native Title in the ILUA Area
The ILUA area lies within the Warrungu people's native title claim area. The Warrungu people lodged a native title application with the Federal Court for over 2,664 square kilometres of land 25 kilometres south of Mt Garnet and 75 kilometres southwest of Innisfail. However, a Native Title determination by the Federal Court has not yet been made.