Carpentaria Shire Council - Tagalaka People #2 Indigenous Land Use Agreement (ILUA)
|23 July 2013
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|Gulf Country region.
|The area covered by the ILUA is approximately 3064 square kilometres in size. It is about 230 kilometres south east from Normanton, within the Carpentaria Shire Council. The area is in the Gulf Country region of Queensland.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 October 2013.
|National Native Title Tribunal File No.: QI2013/035
|Access | Economic Development | Future Act | | Native Title
|The Carpentaria Shire Council - Tagalaka People #2 Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:
- Carpentaria Shire Council (applicant);
- Tagalaka Aboriginal Corporation; and
- Billy Fortune, Gladys Callope, Janet Busch, Janette Owens, Beverly Bowyang and Maureen Douglas.
The purpose of this body corporate agreement is to authorise minor works on the land covered by the ILUA in connection with Carpentaria Shire Council infrastructure.
|Details of the agreement
The ILUA was registered with the National Native Title Tribunal on 28 October 2013. Clauses 1 to 6 (excluding 4.4, 4.5 and 4.6) and 13 to 25 are said to take effect on 23 July 2013. The remaining clauses commence on 28 October 2013. The Extract does not stipulate a specific end date.
The Agreement operates to provide the parties' consent to specified 'Minor Works or Activities' done by Carpentaria Shire Council. Schedule 3 provides that these activities are those related to:
a) Constructing infrastructure required in emergency circumstances where there is an immediate threat to people or property;
b) Tree lopping in the immediate area around the infrastructure;
c) Repairing damaged infrastructure;
d) Inspecting and maintaining infrastructure;
e) Fencing or barricading infrastructure and erecting sign posts; and
f) Accessing the Agreement Area at reasonable times in order to carry out minor works or activities.
Clause 4 in Schedule 3 sets out the way in which minor works or activities are to be carried out. It stipulates that the Council will inform the Tagalaka Aboriginal Corporation by telephone prior to doing the work. The Council may also inform via written notice if it is reasonably practicable or legally required. While carrying out the minor work or activity, the Council will try to avoid any interference or damage to the ILUA area. Additionally, after the minor work or activity has been done, the Council will rehabilitate any damage or interference done to the ILUA area, where reasonable.
Clause 8 of the Agreement provides for the parties' consent regarding 'Approved Future Acts'. These are acts that have not been stipulated in the Extract and are not listed as minor works or activities. Clause 8.2.2 sets out the conditions under which it is an approved future act. The Prescribed Body Corporate must have been given concurrent notice, or consent is deemed to have been given.
Native Title Provisions
Right to negotiate provisions do not apply
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead.
Without this agreement, the grant would have been invalid and the right to negotiate provisions of the Native Title Act 1993 (Cth) would apply. Under this Act any activity, such as a grant of land, that may affect native title rights is defined as a ‘future act’ and must comply with the future act provisions of the Act in order to be valid.
Background to the Agreement:
Native Title in the ILUA Area
The consent determination Owens on behalf of the Tagalaka People v State of Queensland  FCA 1396 involved the Tagalaka People over various lands in the Gulf Savannah region around the townships of Croydon, Normanton and East Hayden. This involved two native title applications, lodged in 1998 and 2001. These two applications were heard together due to their geographical proximity.
The Federal Court awarded the Tagalaka People exclusive native rights to possession, occupation, use and enjoyment over approximately 105 square kilometres of land within the determination area. Non-exclusive native title was awarded over a further 29,817 square kilometres within the Determination Area (Department of Natural Resources, Queensland Government, 2012). Native title rights and interests were therefore awarded over approximately 29,800 square kilometres of land over 469 parcels in Far North Queensland.
Croydon Mayor Trevor Pickering said the ruling affirmed the Tagalaka People as the traditional owners of land and waters within the Croydon shire and congratulated the Tagalaka People on their native title win. The Croydon Shire Council signed an indigenous land use agreement (ILUA) in 2008 with the Tagalaka people giving native title rights over public land held by the council to the Tagalaka people, but allowing for the continued operation of water infrastructure, historical buildings, sports grounds and the airport (The Australian News, 2012).
Traditional owner Patrick Wheeler said the land in the area contains many special sites (ABC Rural, 2012).
The consent determinations operate alongside a number of ILUAs that the Tagalaka People have negotiated with local councils, pastoralists and service providers.