Ewamian - Etheridge Shire Council (Charleston Dam Project) Indigenous Land Use Agreement (ILUA)
|Date: ||15 October 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Etheridge Shire Council|
|The agreement area covers about 10.59 sq km, located north-west of Forsayth in the State of Queensland.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 15 October 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||QI2015/046|
|Subject Matter:||Housing, Construction and Infrastructure | Native Title|
|Summary Information: |
|Ewamian - Etheridge Shire Council (Charleston Dam Project) Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- Etheridge Shire Council (applicant); and
- Tatampi Puranga Aboriginal Corporation RNTBC.
The purpose of this Agreement is to provide consent to Etheridge Shire Council to access and undertake works within the ILUA Area associated with the design and construction of the Charleston Dam.
|Detailed Information: |
The Agreement commences on 5 August 2015 and is to operate for the life of the Charleston Dam. Clause 8 of the Agreement is to commence upon Registration, being 15 October 2015.
Native Title Provisions
The Right to Negotiate
The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to any Future Acts for which the Parties have consented to under this Agreement.
The "Agreed Acts"
Clause 7 of the Agreement states that the Parties consent to Etheridge Shire Council accessing the ILUA Area and undertaking works in the ILUA Area associated with the design and construction of Charleston Dam. This includes undertaking geotechnical investigations, survey and earth works associated with the construction and operation of Charleston Dam.
Under Clause 8 of the Agreement, the Parties consent to:
(a) the Agreed Acts;
(b) the Future Acts described above in Clause 7; and
(c) the validation of any of those Future Acts described in Clause 7.
"Agreed Acts" is defined to mean:
(a) the dedication of the Charleston Dam Recreation Reserve by the State;
(b) the appointment of Council as trustee of the Charleston Dam Recreation Reserve;
(c) the use and development of Charleston Dam and Recreation Reserve for recreational purposes, including use as a water supply for Forsayth and Georgetown; and
(d) the grant of any applicable authorisations required for the development of the Charleston Dam within the ILUA Area; and
(e) the undertaking of all works, operations and infrastructure that are to be undertaken in relation to or incidental to the development, construction, maintenance, operation or repair of the Charleston Dam in the ILUA Area.
Native Title in the Agreement Area
The Agreement area falls within the Ewamian People native title application QCD2013/007.
In Fisher on behalf of the Ewamian People #2 v State of Queensland (26 November 2013) FCA 1249 the Federal Court of Australia determined that non-exclusive native title rights and interests which exist in relation to the Determination Area are held by the Ewamian People.