Agreements, Treaties and Negotiated Settlements Project

Tableland Yidinji Protected Areas Indigenous Land Use Agreement (ILUA)
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Near the town of Atherton.
State/Country:	Queensland. , Australia
	The agreement area covers about 163 square kilometres and is 15 km north east of the town of Atherton in Far North Queensland. It is covered by the Cairns and Tablelands Regional Councils.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 October 2013.
Legal Reference:	National Native Title Tribunal File No.: QI2013/026
Subject Matter:	Access
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Tableland_Yidinji_Protected_Areas_ILUA_-_QI2013_026.aspx
Summary Information:
The Tableland Yidinji Protected Areas Indigenous Land Use Agreement (ILUA) is an Area Agreement between: - State of Queensland, Department of Natural Resources and Mines(applicant); - Lloyd Stewart (aka Con Stewart), Catherine (Nola) Joseph and Evelyn (Dawn) Johnson on their own behalf and on behalf of the Tableland Yidinji People; - Tableland Yidinji Aboriginal Corporation; and - Wet Tropics Management Authority. The purpose of this ILUA is to provide the parties' consent to
Detailed Information:
Details of the agreement Commencement The ILUA was registered with the National Native Title Tribunal on 25 October 2013. The Extract does not stipulate a specific start or end date but the Agreement is said to commence on the registration date or when a determination is made over any part of the ILUA area, whichever is later. The Extract also stipulates that the ILUA expires ten years from the date of registration, so the end date is 25 October 2023. Agreement The Agreement operates to provide an agreement between the parties in the case that the Federal Court of Australia makes a native title determination over the land covered by the agreement. The ILUA can be terminated by written agreement between the parties. If native title is found not to exist over part of the agreement area, or a regulation commences which gives effect to a Management Plan that regulates native title over part of the agreement area, then the ILUA expires in relation to that part of the agreement area. Native Title Provisions Future act provisions The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement. 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. Background to the Agreement: Native Title in the ILUA Area The Tableland Yidinji People filed three claims for a determination of native title over land and waters on the Atherton Tableland in North Queensland. The first two were lodged in 1998 and combined in 2000 and the other was lodged in 2004. On 14 December 2012, The Tableland Yidinji 1 & 2 claim was determined in the case of Johnson on behalf of the Tableland Yidinji People v State of Queensland [2012] FCA 1417 and the Tableland Yidinji people were awarded non-exclusive native title rights and interests over an area of approximately 151 square kilometres of land in Far North Queensland including Danbulla National Park next to Lake Tinaroo near Atherton. The claim in the case of Johnson on behalf of the Tableland Yidinji People 3 v State of Queensland [2013] FCA 280 adjoins the area covered by the combined application. It is located around Lake Tinaroo and the upper Barron River and its tributaries. The determination in this case recognised exclusive native title rights and interests over 28 hectares of land and non-exclusive native title rights and interests over an area of approximately 6464 hectares of land in Far North Queensland. The determination area includes unallocated State land, State leasehold land, community purpose reserves, national park and forest reserves. In addition to the determination the Tableland Yidinji People have also negotiated a number of Indigenous Land Use Agreements (ILUA) with the State and other respondent parties Yidinyji country stretches from the Cairns and coastal region south of Cairns up through the Goldsborough Valley and Mulgrave River regions to the Atherton Tablelands. Indigenous groups identifying as Yidinyji comprise five separate native title claim groups, each claiming specific right to speak for a portion of country traditionally recognised as being encompassed by the Yidinyji language-culture complex.