Ma:Mu Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA)
|Date: ||15 November 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The area covered by this Indigenous Land Use Agreement (ILUA) comprises around 1,226 square kilometres, and is located south of Babinda, north of Tully, east of Ravenshoe and in the vicinity of Innisfail in the state of Queensland. The ILUA area falls within the jurisdiction of the Cassowary Coast Regional Council, and overlaps with the Ma:Mu People's native title claim, filed as proceeding QUD 6014 of 2001 in the Federal Court of Australia.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 November 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No. QI2010/019|
|Subject Matter:||Housing, Construction and Infrastructure | Land Use|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between the Ma:Mu People and the Cassowary Coast Regional Council ('the Council'). The purpose of this ILUA is to set out the relationship between present and future infrastructure by the Council, and any rights and interests that may be recognised with respect to the Ma:Mu People's native title claim. More specifically, the ILUA is intended to provide consent for a range of acts in relation to such infrastructure, whether or not they are future acts. |
|Detailed Information: |
|Pursuant to this ILUA, the parties agree to the doing of all approved future acts for which a Proposed Activity Notice or a Revised Activity Notice has been given to the Ma:Mu People, and in respect of which the Ma:Mu People have given a Concurrence Notice.|
The Ma:Mu People consent to the Council's continued operation, use and maintenance of existing "Non-Extinguishing Infrastructure", as well as the land where this infrastructure is located, and also the land and waters adjacent to it. For the purposes of this ILUA, "Non-Extinguishing Infrastructure" consists of Council infrastructure that does not constitute a public work, but that was established in the ILUA area on or before the commencement of the ILUA.
The parties to this ILUA agree that no compensation will be payable to the Ma:Mu People with respect to the following kinds of Non-Extinguishing Infrastructure:
Roads, railways, bridges or other transport infrastructure;
Jetties and wharves;
Lighting in public places;
Wells, bores, pipelines, drainage facilities and irrigation channels;
Sewerage facilities (but not treatment facilities):
Park and recreational facilities; and
Administrative buildings and fixtures.
Minor works or activities
The Ma:Mu People also consent to the undertaking of the following minor works or activities on certain conditions:
Constructing Council infrastructure as required in emergencies to ensure public safety;
Tree lopping around Council infrastructure;
Removing trees within the ILUA area - but only as required in emergencies;
Repairing, reinstating, inspecting, maintaining and fencing Council infrastructure;
Erecting sign posts; and
Accessing the ILUA area at reasonable times for the purpose of undertaking the abovementioned activities with any necessary machinery, equipment or personnel, by such means as are reasonably necessary.
The Ma:Mu People consent to the Council's operation and maintenance, the public use and the Minister's dedication of all constructed roads within the ILUA area to a width of 60 metres.
Consent is also given to the Council's operation and maintenance, the public use and the Minister's dedication of all off-alignment roads.
Right to negotiate provisions
The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) do not apply to any of the future acts to which consent has been given under this ILUA.
Background to native title in the ILUA area
The Ma:Mu People are registered claimants in an application for a determination of native title in proceeding QUD 6014 of 2001 in the Federal Court of Australia. Their claim relates to about 1596 square kilometres of land and waters south of Innisfail in northern Queensland, and is currently in mediation. The land subject to their claim overlaps with the area covered by this ILUA.
The Ma:Mu People are party to the Ma:Mu Canopy Walk Heads of Agreement, which was signed together with the North Queensland Land Council, the Wet Tropics Management Authority, the Queensland Parks & Wildlife Service and the Johnstone Shire Council in 2002. They are also party to the Ma:Mu Tablelands Regional Council Area Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2010/020).