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Melsonby Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 February 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as Aboriginal Freehold land - Lot 1 on SP189914.

State/Country:Queensland, Australia
The area is within the jurisdiction of the Cook Shire Council
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 21 February 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2016/48
Subject Matter:Housing, Construction and Infrastructure | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/048
Summary Information:

The Melsonby Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of theNative Title Act 1993 (Cth), between:

  • the State of Queensland;
  • Michael Ross, Silva Blanco, James Creek, Jonathan Korkaktain, Reginald Williams, Wayne Butcher, Clarry Flinders, Philip Port and Hogan Shortjoe;
  • the Balnggarrawarra (Gaarraay) Land Trust.
  • The agreement area covers about 106 sq km, approximately 52 km north west of Cooktown.

    The purpose of the agreement is to consent to and validate certain acts necessary for the granting of easements.

    The Native Title Representative Body for this area is Cape York Land Council Aboriginal Corporation.

    Detailed Information:

    Commencement:

    This agreeement commenced, subject to Clause 2.2 on the date the agreement was made (unspecified), with the exception of clauses 4 (Confidentiality), 8 (Compensation), and 9 (Release, waiver and indemnity), which commenced upon the agreement's registration on the Register of Indigenpus LandUse Agreements.

    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 the doing of the following agreed acts.

    Future act provisions

    The parties consent to and validate the doing of agreed acts, including:

    • the grant of two easements;
    • the renewal or amendment of those easements; and
    • any activity in relation to a valid easement (as above) that is associated and consistent with the purpose of that easement.

    Native Title in the Area:

    This agreement is located within the native title aplication area Cape York United Number 1 Claim v State of Queensland, (FCA File No.: QUD673/2014; NNTT File No.: QC2014/008). Michel Ross and others is a party to this claim application.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Balnggarrawarra (Gaarraay) Land Trust - Signatory
  • Cape York Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Michael Ross and others, being the persons comprising the Applicant in the Cape York United Number 1 Claim (QUD673/2014)
  • Michael Ross and others, being the persons comprising the Applicant in the Cape York United Number 1 Claim (QUD673/2014)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/048 as at 21/02/2018 (Melsonby ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)

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