Jinibara People Protected Areas Indigenous Land Use Agreement (ILUA) |
| Date: | 1 March 2013 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | Brisbane area |
| State/Country: | Queensland, Australia |
| The ILUA area lies within the Brisbane City Council, Moreton Bay Regional Council, Somerset Regional Council, and Sunshine Coast Regional Council vicinities.
The Agreement Area includes National Park, National Park (recovery) and Conservation Park areas. A full list is available within the Written Description of the Agreement.
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| Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 March 2013. | |
| Legal Reference: | National Native Title Tribunal File No.: QI2012/129 | |
| Subject Matter: | Land Management | Management / Administration | Native Title |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Jinibara_People_Protected_Areas_ILUA_QI2012_129.aspx | |
| Summary Information: | |
| The Jinibara People Protected Areas Indigenous Land Use Agreement (ILUA)is a body corporate agreement between:
- the State of Queensland (applicant); and
- the Jinibara People Aboriginal Corporation.
The purpose of the ILUA is to form an agreement concerning the co-management of certain protected areas. |
| Detailed Information: | |
| Details of the Agreement
Commencement
The Extract does not specify a start or end date for the Agreement.
Clauses 1, 2, 3, 4 and 13 of the Agreement commenced on the date of execution, being 12 December 2012.
The remaining clauses of the Agreement commence on the date of registration, being 1 March 2013.
The Agreement (subject to clauses outlined below) will continue in force in perpetuity. The Agreement may be effectively terminated by written agreement of the parties or if a Regulated Management Plan comes into effect, that Plan may override the operation of this Agreement.
If a substitute ILUA, concerning all or part of the area covered by this Agreement comes into effect, that substitute ILUA may override this Agreement.
Agreement
There is very little information within the Extract regarding the terms of the Agreement.
The Extract does note, however, 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 future acts.
Native Title in the ILUA area
The agreement area is subject to the decision of Murphy on behalf of the Jinibara People v State of Queensland [2012] FCA 1285. This Consent Determination recognised that native title exists in the determination area; an area of approximately 703 square kilometres of land from the southern end of the Blackall Ranges in the north to Lake Manchester in the south. It consists of exclusive and non-exclusive native title rights. | |
