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Kalkadoon Pre-Determination Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 May 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Mt Isa
State/Country:Queensland, Australia
The agreement area covers about 38,700 square kilometres. It extends from approximately 200 kilometres north of Mount Isa to approximately 150 kilometres south of Mount Isa. It falls within the Local Government Authorities of Mount Isa City Council, Burke Shire Council, Carpentaria Shire Council, Cloncurry Shire Council, Mckinlay Shire Council and Boulia Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 May 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/026
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.026/ILUARegisterExport.pdf
Summary Information:
The Kalkadoon Predetermination Indigenous Land Use Agreement (ILUA) was agreed between:

- State of Queensland, Department of Environment and Resource Management;

- Kalkadoon Native Title Aboriginal Corporation; and

- The Kalkadoon People.

The purpose of this ILUA is to extinguish Native Title over certain areas of land.
Detailed Information:
Agreement Details

The parties agree to:

- surrender Native Title Rights and Interests in respect of the certain parcels of land (Surrender Parcels), with the intention of extinguishing any Native Title Rights and Interests that may exist in relation to that land.

- the granting of a lease or leases under clause 8.2(c).

'Surrender Parcels' means:
(a) Lot 31 on USL 47860;
(b) Lot 51 on M758195;
(c) Lot 2 on MPH22027; and
(d) Lot 4 on USL 47894;
as shown on the plans in Schedule 2, attached to the ILUA extract.

The Surrender will takes effect immediately prior to the issue of any deed of grant in fee simple under the Land Act ; and only with respect to the land comprised in the deed of grant.

Right to Negotiate
The right to negotiate does not apply to the acts consented to above.

Commencement

This Agreement commences on the Execution Date, except for Clause 6 (dealing with the surrender of Native Title) which commences on Registration.

Native Title in the ILUA Area

The Kalkadoon people first lodged a native title application in 1995 followed by five other applications. Kalkadoon #4 was filed in 2005 with Kalkadoon #5 application lodged in 2006 and both were accepted for registration pursuant to the Native Title Act 1993 (Cth). In 2010, the Federal Court combined the #4 and #5 applications and the application was accepted for registration pursuant to s109 of the Native Title Act 1993 (Cth).

On 12 December 2011, the Federal Court determined that Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.

In total, the claim area covers some 38,720 square kilometres including low lying plains in the north, north east and southern sections, the Cloncurry Ranges in the mountainous centre, the City of Mt Isa, the townships of Gunpowder, Kajabbi, Quamby, Mary Kathleen and Duchess, branches and tributaries of the Leichhardt River, the south western headwaters of the Cloncurry River, and the middle and upper reaches and tributaries of the Georgina River in Central and North Queensland.

Around 4078 square kilometres is held exclusively by the Kalkadoon people with non-exclusive native title rights held by the Kalkadoon People over the remainder of the land (National Native Title Tribunal, 2011).

This ILUA is one of a large number which have been made in order to recognise and secure a range of non-native title interests in the determination area.

Related Entries

Agreement
  • Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) [2011] FCA 1466
  • Kalkadoon Constitution Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Kalkadoon Native Title Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Kalkadoon People - Signatory

  • Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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