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Tagalaka (Town of Croydon) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 September 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Croydon
State/Country:Queensland, Australia
The area covered by this ILUA comprises about 96 hectares of land spread over various lots in the town of Croydon in northern Queensland. The ILUA area falls within the jurisdiction of the Croydon Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 September 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2007/001
Subject Matter:Land Transaction | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.001/ILUARegisterExport.pdf
Summary Information:
The Tagalaka (Town of Croydon) Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and the Tagalaka People, who took part in native title claims Tagalaka People #1 (National Native Title Tribunal File No. QC98/43) and Tagalaka People #2 (National Native Title Tribunal File No. QC01/22). The purpose of this ILUA is to provide consent for the surrender of the Tagalaka People's native title interests, the grant of freehold title and the dedication of reserves over certain parcels of land in the town of Croydon.
Detailed Information:
Pursuant to this ILUA, the Tagalaka People give their consent to a range of agreed acts, to the extent that they are future acts. They also agree to the validation of any future acts that were invalidly done in the ILUA area prior to the date when this ILUA was executed.

The following future acts have been granted consent under this ILUA:

  • First, the Tagalaka People agree to surrender their native title rights and interests over part of the ILUA area, which is designated as the 'Surrender Area', to the State of Queensland. They also agree that upon surrender, their native title rights over this area will be extinguished.

  • Secondly, the Tagalaka People consent to the grant of freehold title over part of the ILUA area, which is designated as the 'Freehold Area', to the Tagalaka Aboriginal Corporation.

  • Thirdly, the Tagalaka People consent to the dedication of parcels of land in part of the ILUA area, which is designated as the 'Reserve Area', as reserves under the Land Act 1994 (Qld). They also agree to the management and use of the Reserve Area in a way that is consistent with their dedicated purpose.


  • Pursuant to this ILUA, all of the abovementioned acts to which consent has been given are subject to compliance with Queensland law.

    Right to negotiate provisions

    The parties agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to any of the abovementioned future acts to which consent has been given under this ILUA.

    Background to native title in the ILUA area

    The Tagalaka People are the registered claimants in two native title claims: Tagalaka People #1 (Federal Court File No. QUD6109 of 1998) and Tagalaka People #2 (Federal Court File No. QUD6020 of 2001). Both of these claims cover land in Far North Queensland, with the former claim relating specifically to land in the Croydon region, where this ILUA applies.

    The applicants' representative in both of these claims is the North Queensland Land Council Aboriginal Corporation. Both claims remain active, and are currently in mediation.

    Related Entries

    Agreement
  • Owens on behalf of the Tagalaka People v State of Queensland #2 [2012] FCA 1396
  • Owens on behalf of the Tagalaka People v State of Queensland [2012] FCA 1396
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Tagalaka People - Signatory

  • Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Extinguishment (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (registered) (Australia)

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