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Mitakoodi & Maya People #5 Rail Load Out Facility Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 November 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Cloncurry

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

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 15 May 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2017/016
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/016
Summary Information:

The Mitakoodi & Maya People #5 Rail Load Out Facility Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Edward Ah Sam, Pearl Connelly, Kay Douglas, Norman Douglas, Brian Douglas, Tanya Kum Sing and Ronald Major as the native title claimant for native title determination application QUD556/2015 (Mitakoddi and Maya People #5) ('the native title party');
  • Andrew William Jesse Daniels, Samuel Donald James Daniels, Gabrielle Kennedy, Jeffrey Robert James Daniels, Luke William Jesse Daniels;
  • Grand Central Industries (Holdings) Pty Ltd; and
  • the State of Queensland.

The agreement area covers about 3 sq km, located approximately 8 km east of Cloncurry.

The purpose of the agreement is to consent to the surrender of native title over the agreement are and for the establishment of a commercial rail load facility.

The Native Title Representative Body for this area is Queensland Native Title Services Ltd.

Detailed Information:

Agreement area:

The agreement area covers about 3 sq km, located approximately 8 km east of Cloncurry.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 2 of the agreement, as part of Lot 2463 on Crown Plan PH760 (about 330 hectares). For more information, see the documents attached below.

Commencement and Termination:

The agreement commenced and is binding on the parties, from 29 November 2017. It has effect as an ILUA from the date it was entered onto the Register of Indigenous Land Use Agreements, 15 May 2018. The parties agree that the agreement will end upon the decommissioning of all the facilities comprising the MURLF Project. The MURLF Project means the establishment of works that together comprise a rail load facility available for use by multiple customers. At termination, the native title party will retain any rights gained prior to 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 the acts agreed to in relation to the rail load facility and that are done prior to the surrender of native title under this agreement.

Extinguishment:

On condition that the native title party gives notice to the State that the other parties are compliant with the agreement and have obtained all necessary approvals for the Project under Queensland Law, including development approval, then the parties consent to the surrender and extinguishment of native title over the area. The surrender will take effect immediately before the State grants a freehold title over the area.

Future act provisions:

The parties consent to the doing of any acts in relation to the MURLF Project that are done prior to the surrender of native title

Native Title in the Agreement Area:

The agreement is within the area of the native title application (Mitakoodi People #5) (FCA file no.: QUD556/2015; NNTT file no.: QC2015/009). See the National Native Title Tribunal website for the status of this application.


Related Entries

Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Grand Central Industries (Holdings) Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Mitakoodi People
  • Edward Ah Sam & others as the native title claimant for native title determination application QUD556/2015 (Mitakoddi and Maya People #5) - Signatory
  • Andrew William Jesse Daniels & others - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/016 as at 17/06/2020 (Mitakoodi & Maya People #5 Load Out Facility ILUA) - ( Thumbnail | PDF | 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 | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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