Mamu Protected Areas Indigenous Land Use Agreement (ILUA)
|Date: ||23 April 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Innisfail|
|Agreement covers about 691.4 sq km east and west of the Bruce Highway in the vicinity of Innisfail in the State of Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 April 2014. This an authorised Area Agreement under the Native Title Act .|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/084|
|Subject Matter:||Access | Management / Administration|
|Summary Information: |
|The Mamu Protected Areas Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- State of Queensland;
- Victor Maund, Stephen Brooks, Alfred Joyce, Henry Epong, Anthony Edwards, Brenda Matheson and Dean Purcell on their own behalf and on behalf of the Mamu People;
- Mamu Aboriginal Corporation; and
- Wet Tropics Management Authority
on 23 April 2014.
The Extract does not provide extensive details concerning the purpose of the Agreement. However, the Agreement appears to provide consent for the co-management and outline terms of access over the Agreement Area. |
|Detailed Information: |
|Details of the agreement
The Extract does not note a specific start date for the Agreement, but does provide the end date as 30 October 2023.
The Extract does note, however, that the Agreement commences on the Execution Date. The Execution Date is defined as the date upon which the Agreement is entered into, or, where the parties sign the Agreement on different dates, the date on which the last party signs the Agreement.
Specifically, the Extract notes that clause 5 of the Agreement commences on the later of:
(a) Registration; and
(b) a Determination in any part of the ILUA Area
The Agreement is able to be terminated by written agreement by all parties.
The Agreement will expire ten (10) years from the Execution Date.
Native Title Provisions
Clause 3.5 of the Agreement states that where:
(a) there is a determination by the Federal Court of Australia that Native Title does not exist in
part of the ILUA Area, or
(b) a regulation commences giving effect to one or more Management Plans which regulates Native Title Rights and Interests in relation to part of the ILUA Area
the Agreement will expire in relation to that part of the ILUA Area and continues in force in relation to the remainder of the ILUA Area.
The Agreement does not include any statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4)of the Native Title Act (Cth).
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 MaMu People are registered claimants in an application made 6 April 2001 for a determination of native title in proceeding QUD 6014 of 2001 in the Federal Court of Australia. Their claim relates to about 1596 square kilometres of land and waters in the Innisfail region of northern Queensland, and is currently in mediation. The land subject to their claim overlaps with the area covered by this ILUA. |