Girramay People #2 and Cassowary Coast Regional Council Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 of the Agreement, as all the land and waters of the QC2015/010 Girramay People #2 Claim Area (QC2015/010) that lies within the Cassowary Coast Regional Council Local Government Authority Area.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 8 December 2019.

This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Girramay People #2 and Cassowary Coast Regional Council Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the Cassowary Coast Regional Council; and
• Abraham Muriata and Claude Frank Beeron as the applicants for Girramay People #2 Native Title Determination Application QUD741/2015.

The agreement area covers about 836 sq km, centred approximately 27 km south of Tully.

The purpose of the agreement is to consent to the Cassowary Coast Regional Council conducting work in the agreement area and, without surrendering native title, to validate acts already done.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Commencement:

Parts 1, 2, 4, 5 and clause 30 of Part 3, commenced on the date the last party signed the agreement (details not specified in the Extract).

Part 3 commenced on 8 December 2019 (the registration date)..

Termination:

The Extract does not contain any information about the termination of the agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the agreed future acts (see below).

Extinguishment

The parties agree that the non-extinguishment principle applies to any act described in Schedule 8 of the agreement (Acts Already Done) (see attached document below). This means that under s 24EB(3) of the Native Title Act 1993 (Cth) any specified act listed in Schedule 8 which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The agreement provides consent for acts by non-native title parties that are done in a manner consistent with the agreement.

The parties consent to any Low Native Title Impact activities as described in Schedule 6 (see atached document below). These activities include:

• the maintenance, repair, protection or making safe of existing infrastructure;
• pest control;
• access and site investigation which do not require major excavations or earthworks;
• anything which is undertaken for the purpose of preventing or minimising physical harm or the threat of physical harm to persons or public property;
• the construction or establishment of infrastructure, structures, improvements or earthworks agreed at a Capital Works Forum.

The parties consent to High Native Title Impact activities where the local government either gives notice to the native title party, completes a consultation process, or reaches a consensus at a Captial Works Forum (as per the relevant clauses in the agreement). Schedule 7 of the agreement defines High Native Title Impact activities as:

• anything which consists of the construction or establishment of infrastructure, structures, improvements or earthworks which is not Low Impact Infrastructure;
• the grant, issue or making of a lease other than a permitted lease, or the issue of a deed of grant in fee simple;
• anything which prevents the exercise and enjoyment of native title unless the activity is temporary, done for the purposes of public health or safety, done pursuant to a permitted lease or required by law.

In addition, not extinguishing native title rights and iterests, the parties consent to the validating of the following 'Acts Already Done' before the execution date of the agreement (see Schedule 8 below):

• the construction of roads in the agreement area;
• the improvement or maintenance of land or waters not owned or controlled by the local government for the public benefit;
• the grant of an interest in land or waters to the local government, or the statutory approval or gazettal, for the benefit of the local government.

Native Title in the Agreement Area:

The agreement is within the native title determination area of the Federal Court of Australia (FCA) proceeding Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA Q1120 (FCA File No.: QUD741/2015. NNTT File No.: QCD2018/003). For details about the Girramay People #2's recognised native title see the 'related entity' for this proceeding below.

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