Western Yalanji People and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
|Date: ||22 April 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located to the west of Mossman|
|The Agreement Area covers about 101 sq km located, within the Mareeba Shire Council, approximately 95 km westerly of Mossman and south of Mount Hurford, in the State of Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 April 2014. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/003 |
|Subject Matter:||Access | Local Government|
|Summary Information: |
|The Western Yalanji People and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)was agreed between:
- Tablelands Regional Council;
- Mr Thomas Mitchell, Mr Desmond Brickey (aka Des Brickey), Ms Dell Riley, Mr Graham Brady and Mr William Steven Brady as the Applicants for the Native Title Determination Applications QUD6008/1999 (Western Yalanji #4) and QUD6003/2001 (Western Yalanji #5 and #7; and
- Western Yalanji Aboriginal Corporation.
on 22 April 2014.
The purpose of this Body Corporate Agreement is to provide consent for the doing of certain Future Acts within the Agreement Area. |
|Detailed Information: |
This ILUA was registered with the National Native Title Tribunal (NNTT) on 22 April 2014.
The Extract does not note a specific start or end date for this Agreement.
However, under Clause 15.1 of the Agreement, this Body Corporate Agreement takes effect between the parties from the Execution Date and will continue unless it is validly terminated.
No further explanation is provided in the Extract regarding the specific definition of the Execution Date or the termination process.
The Extract does note that certain Parts of the Agreement no longer apply in certain circumstances, including:
"(a) Part 2 no longer applies in the circumstances in sub-clause 24.2;
(b) Part 3 no longer applies in the circumstances in sub-clause 30.3;
(c) Part 4 no longer applies in the circumstances in sub-clause 41.2; and
(d) Part 1 and 5 continue indefinitely unless this Agreement is Terminated."
Native Title Provisions
The parties consent that Subdivision P, Division P, Part 2 of the Native Title Act (Cth) is not intended to apply to any Future Acts.
The Agreement covers Future Acts that are eithre expressly or impliedly done in a manner consistent with the Agreement.
The Agreement does not cover Future Acts where:
(a) the Future Act is not done in a manner consistent with the Agreement; or
(b) the Local Government states, or otherwise indicates, that the Future Act is not covered by the Agreement.
Under Clause 34.3, the Local Government is empowered to proceed with a Future Act that is otherwise not covered by the Agreement, "in any other way that the Native Title Act allows."
The Agreement further provides that, where a Future Act was invalidly done before the Execution Date of the Agreement, the Future Act is valid.
High and Low Impact Activities
As noted above, the Agreement provides consent for certain High and Low Impact Activities to be done in the Agreement Area.
The Extract notes that the terms “Activity” and “Activities” are to be read in their broadest sense to include "...any activity (including
any construction and ground disturbing activity), action, undertaking, dealing, grant, approval,
consent and agreement."
Low Native Title Impact Activities
The parties consent to any Activity which has a low Native Title Impact. Activities of this nature are outlined in Schedule 8 (see attached.)
The Extract expressly notes that there are no conditions attached to the consent required of parties with respect to Low Impact Native Title Activities.
High Impact Native Title Activities
Unlike Low Impact Native Title Activities, certain conditions must be satisfied in order for parties' consent to High Impact Native Title Activities to be valid.
Schedule 9 (see attached) outlines the nature of Activities classified as High Impact.
Conditions for High Impact Native Title Activities
The conditions are outlined in Clause 37.4 of the Agreement and require that the Local Government satisfies one of the following:
"(i) gives a Compliance Notice to the Native Title Party's Representative in accordance with
sub-clause 40.1(a); and
(ii) completes Consultation in accordance with sub-clause 40.1(b).
(b) Where the Activity involves a capital work dealt with at a Capital Works Forum (provisions
about a Capital Works Forum are contained in Clause 57), the Local Government:
(i) gives a list of capital works involving the Activity under sub -clause 57.6(d); and
(ii) consensus is reached under Clause 57.6(e) about the Activity being carried out."
Native Title in the ILUA Area.
The Agreement Area covers land inclusive of the determined claim of Western Yalanji People #3, Western (Sunset) Yalanji, as well as lands subject to native title determination applications:
- QUD6008/99 Western Yalanji People 4 &
- QUD6003/01 Western Yalanji Combined #5 and #7.