Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA)
|Date: ||21 August 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Croydon |
|The Agreement Area covers about 21,600 sq km in the vicinity of Croydon, about 500 km west of Cairns in Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 August 2013. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/030 |
|Subject Matter:||Access | Local Government|
|Summary Information: |
|The Croydon Shire Council - Tagalaka People Determination Indigenous Land Use Agreement (ILUA) was agreed between:
- the Croydon Shire Council (applicant); and
- the Tagalaka Aboriginal Corporation; and
- Janette Owens, Clara Booth, Beverly Bowyang, Janet Busch, Gladys Callope, Joseph Callope, Alma Douglas, Bill Fortune, Johnny Miles and Maureen Douglas.
The purpose of this ILUA is to provide consent for a range of activities in the Agreement Area.
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 21 August 2013.
Specific clauses (namely clauses 1 to 6 and 13 to 25) commenced on 27 May 2013. The remaining clauses commenced on 21 August 2013.
No end date is specified.
Native Title Provisions
Right to Negotiate
Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 (Cth), concerning the right to negotiate, is not intended to apply to any Future Act.
The parties consent to:
(i) the continued operation, use and maintenance of the non-extinguishment infrastructure, the land on which the non-extinguishment infrastructure is located, and any land or waters which is adjacent to the land on which the non-extinguishment infrastructure is located;
(ii) the doing of 'Approved Future Acts'; and
(iii) the construction or carrying out of minor works or activities on certain conditions.
A work or activity is an 'Approved Future Act' if:
(i) it is described in a proposed activity notice or revised activity notice to the prescribed body corporate; and
(ii) either: the described body corporate has given a concurrence notice; or consent is deemed to be given.
The minor works or activities for which consent is given are:
(i) constructing council Infrastructure required in emergency circumstances to ensure the safety of people and the preservation of property where people or property are subject to an immediate threat;
(ii) tree lopping in the immediate vicinity of council infrastructure;
(iii) repairing any damaged council infrastructure;
(iv) reinstating any destroyed council infrastructure to its pre-existing state;
(v) inspecting council infrastructure;
(vi) maintaining council infrastructure;
(vii) fencing or barricading council infrastructure;
(viii) erecting sign posts;
(ix) accessing the ILUA Area at reasonable times for the purpose of undertaking anything in paragraphs 2.1 to 2.9 with any machinery, equipment or personnel and by such means as are reasonably necessary (including by vehicle access, foot access or access by air).
Native Title in the ILUA Area.
The Agreement Area includes area includes all of the land and waters within the Corydon Shire Council that are covered by the Native Title Determinations QUD6020/01 Tagalaka People 2 (QC2001/022), as determined on the 10th December 2012 and QUD6109/98 Tagalaka People (QC1998/043), as determined on the 10th December 2012.