Indjalandji-Dhidhanu People and Local Government Indigenous Land Use Agreement (ILUA)
|Date: ||9 November 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Queensland , Australia|
|Agreement covers about 19729 sq km in the vicinity of Camooweal, extending easterly from the Northern Territory Border.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 8 May 2013. This is an authorised Area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2012/096|
|Subject Matter:||Local Government | Native Title|
|Summary Information: |
|The Indjalandji-Dhidhanu People and Local Government Indigenous Land Use Agreement (ILUA) was entered between the following parties:
- Hazel Windsor and Colin Saltmere on behalf of the Indjalandji-Dhidhanu People
- Mount Isa City Council
- Dugalunji Aboriginal Corporation
- Indjalandji-Dhidhanu Aboriginal Corporation
The purpose of this area agreement is to provide consent for the doing of certain activities.|
|Detailed Information: |
|Details of the agreement
The parties entered into the agreement so as to provide consent to specific activities that may either have a low or high native title impact. The agreement specifies that the parties consent to any activity that has a low native title impact and there are no conditions for the doing of such activities.
However the parties may consent to any activity which has a high native title impact if the local government proposing the activity satisfies either one of the conditions:
- The local government should give a notice to the native title party or the native title party’s representative and complete consultation
- If the activity involves a capital work, then the local government should give a list of all the capital works involving the activity and consensus should be reached about the activity being carried out.
This agreement takes effect between the parties
from the execution date and continues unless and until the agreement is terminated.
Native Title Provisions
The right to negotiate does not apply to any of the future acts as covered under the agreement.
Native Title in the ILUA Area
The native title rights of the Indjalandji-Dhidhanu People were recognised on the 18 December 2012 in the unreported case of Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland (unreported, FCA, 18 December 2012, Dowsett J). The Indjalandji-Dhidhanu People filed a claim for Native Title in the Federal Court of Australia on 8 October 2009 over approximately 19,730 square kilometres, located approximately 25km west of Mount Isa in the vicinity of Camooweal. Native title was found to exist in parts of the determination area.