Juru People Mt Aberdeen Indigenous Land Use Agreement (ILUA)
|Date: ||11 July 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Bowen|
|The Agreement Area covers about 17.14 sq km approx. 35 km south west of Bowen. This is within the boundary of the Whitsunday Shire Council.
The Agreement Area covers all the land and waters on Lot 35 on HR389, Lot 38 on HR1253 and those parts of Lot 4192 on Plan PH1188 known as Aberdeen Pastoral Holding which falls within the Native Title Determination application for the Juru People (QC2013/010; QUD544/2010).
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 November 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.QI2014/068|
|Subject Matter:||Access | Land Use | Native Title | Pastoral Activities|
|Summary Information: |
|The Juru People Mt Aberdeen Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- Steven John Norman;
- Carol Prior, Raymond Lampton, Colleen Power, Raylene Oui, Tanya Chatfield, Iris Glenbar, Raymond Gaston and Lenora Aldridge (Juru Party); and
-Kyburra Munda Yalga Aboriginal Corporation RNTBC.
The Extract of the Agreement fails to outline with any specificity the purpose of the Agreement. However as the Agreement Area is a Pastrol Holding, the purpose is presumably to provide access by means of a lease to Aberdeen Pastoral Holding.
|Detailed Information: |
| Commencement |
The Agreement was registered with the National Native Title Tribunal (NNTT) on 12 November 2014.
The Extract notes, however, that the Agreement is effective from 11 July 2014, being the date of Native Title Determination in favour of the Juru People.
The Agreement will continue in effect until one of the following events occur:
(a) the Lease term expires; or
(b) surrender, resumption, forfeiture or termination of the Lease; or
(c) the Agreement is removed from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means that the ILUA does not:
- provide consent for the doing of any acts by non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
The Agreement Area falls within the internal boundary of Native Title Determination application for the Juru People (QC2013/010; QUD544/2010), as accepted for registration 4 March 2014.
In Lampton on behalf of the Juru People v State of Queensland  FCA 736 (11 July 2014) (also known as Juru People(Part A)) it was found by Rares J that native title exists in a significant part of the determination area, but not the entire area claimed by the Juru People, leaving it open for another determination about the remaining parts to be made at a later date.