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Djiru Cassowary Coast Regional Council Dunk Island Recreational Reserve Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 14 December 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Located on Dunk Island, between Wongaling Beach and South Mission Beach.

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Cassowary Coast Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 14 December 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2018/015.
Subject Matter:Future Act | Housing, Construction and Infrastructure | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/015
Summary Information:

The Djiru Cassowary Coast Regional Council Dunk Island Recreational Reserve Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Cassowary Coast Regional Council;
  • Djiru Warrangburra Aboriginal Corporation Registered Native Title Body Corporate (RNTBC); and
  • Valentine Nona, Leonard Andy, Cherrie Glasson, Wesley Lenoy, and Rona Hart.

The agreement area covers about 5.26 hectares, on Dunk Island located approximately 5 km southeast of Wongaling Beach and 5 km northeast of South Mission Beach.

The purpose of the agreement is to provide consent for the acts necessary to establish a recreation reserve in the agreement area.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Detailed Information:

Agreement area:

The agreement area covers about 5.26 hectares, on Dunk Island, located approximately 5 km southeast of Wongaling Beach and 5 km northeast of South Mission Beach. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the agreement, as Lot 9 on CWL3549. (See schedule 1 attached below under documents).

Commencement:

Procedural clauses began operating on the date on which all the parties signed the agreement, 18 June 2018. The ILUA began operating upon its registration on 14 December 2018.

Native Title Provisions:

Right to negotiate

The parties have agreed that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the acts consented to by agreement.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The parties have agreed to the doing of the following acts by non-native title parties:

  • the dedication of the Dunk Island Recreation Reserve by the State;
  • the appointment of Cassowary Coast Regional Council as trustee of the Dunk Island Recreation Reserve;
  • the construction of infrastructure needed for the use and development of a recreation reserve as permitted under the Land Act 1994 (Cth), but not to the extent of a Resort complex or multi storey dwellings; and
  • the grant of any necessary authorisations required for the use and development of a recreation reserve.

Where a lease or interest is granted to a third party for the purpose of the acts set out above, the Cassowary Coast Regional Council must ensure the third party observes and is bound by the terms of this ILUA.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Hart on behalf of the Djiru People #3 v State of Queensland [2011] FCA 1056. (FCA File No.: QUD6006/2003, NNTT File No.: QCD2011/006).


Related Entries

Agreement
  • Hart on behalf of the Djiru People #3 v State of Queensland [2011] FCA 1056
  • Organisation
  • National Native Title Tribunal
  • Djiru Warrangburra Aboriginal Corporation - Signatory
  • Cassowary Coast Regional Council - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Act 1994 (Qld)
  • People
  • Valentine Nona, Leonard Andy, Cherrie Glasson, Wesley Lenoy, Rona Hart - Signatory
  • Djiru People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/015 as at 14 December 2018 (Djiru Cassowary Coast Regional Council Dunk Island Recreational Reserve ILUA). - ( Thumbnail | PDF)

    Glossary

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

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