Extract from Register of Indigenous Land Use Agreements
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Extract from Register of Indigenous Land Use Agreements NNTT number QI2005/004 Short name Ewamian-Etheridge Shire Area ILUA No. 3 ILUA type Area Agreement Date registered 25/02/2008 State/territory Queensland Local government region Etheridge Shire Council Description of the area covered by the agreement The application consists of two (2) separate areas. Area One Commencing at the intersection of the centrelines of the Gilbert and Einasleigh Rivers and extending generally easterly along the centreline of the Einsaleigh River to the centreline of the Etheridge River being a point on the boundary of the Etheridge Shire Council Local Government Area; Then northerly and generally easterly along boundaries of that local government area to a western boundary of Lot 4620PH1283 (Bulleringa National Park); Then southerly, easterly and again southerly along boundaries of that lot to again the Etheridge Shire Council Local Government Area; Then generally southeasterly and generally southwesterly along that local government area to Latitude 18.472003° South; Then generally southwesterly and generally southerly passing through the following coordinate points. Longitude East Latitude South 144.644847 18.535674 144.639483 18.652717 Again southerly to the centreline of the Kennedy Developmental Road at Latitude 18.736175° South; Then generally southwesterly along the centreline of that road to Latitude 18.929987° South; Then southeasterly to the northern boundary of Lot 10CD18; Again southeasterly; southwesterly and northwesterly along boundaries of that lot and onwards to the centreline of the Kennedy Developmental Road; Then generally southerly along centrelines of that road to Latitude 19.157756° South; Then easterly, southerly, generally westerly, southerly and again generally westerly through the following coordinate points. Longitude East Latitude South 144.539709 19.165742 144.528912 19.265673 144.524052 19.310657 144.376827 19.298203 144.374481 19.297927 144.375700 19.29538 144.374870 19.29244 144.376300 19.29064 144.376300 19.28861 144.378570 19.28466 144.378570 19.2841 144.377860 19.2832 144.376430 19.28342 144.375120 19.28409 144.372740 19.28353 144.371550 19.28488 144.369300 19.28364 144.368230 19.28251 144.368830 19.28014 144.368413 19.277905 144.291546 19.271499 144.276932 19.418126 National Native Title Tribunal Page 1 of 4 Extract from Register of Indigenous Land Use Agreements QI2005/004 Version created: 17/6/2020 04:34 PM Further information: National Native Title Tribunal 1800 640 501 144.185672 19.409781 144.187193 19.420056 144.111577 19.413185 144.110146 19.404958 144.111911 19.403034 144.082602 19.400355 144.031275 19.395851 144.030783 19.393444 144.030118 19.392245 144.029632 19.390354 144.029378 19.388418 144.029816 19.386045 144.030392 19.383541 Then westerly to the centreline of the Gilbert River at Longitude 143.814840° East; Then generally southerly and generally northwesterly along the centreline of that river to the northeastern corner of Lot AAP47015 (2VR7); Then southerly, westerly and northerly along boundaries of that lot to again the centreline of the Gilbert River; Then generally southwesterly, generally northwesterly, generally northerly and again generally northwesterly along the centreline of that river back to the commencement point. Area Two Lot 7LG6 The agreement area is the land and waters covered by the external boundaries of native title determination applications Q6009/99 Ewamian People 2 (QC99/13), as accepted for registration on the 9th July 2002, and Q6018 Ewamian People 3 (QC01/16), as accepted for registration on the 22nd June 2002, that fall within the Shire of Etheridge, Queensland, as at the time the agreement is lodged. Note Data Reference and source • Agreement boundary data compiled by National Native Title Tribunal. • Native title determination application Q6009/99 Ewamian People 2 (QC99/13), as accepted for registration on the 9th July 2002 • Native title determination application Q6018 Ewamian People 3 (QC01/16), as accepted for registration on the 22nd June 2002 • Cadastral data sourced from Public Sector Mapping Agency (November 2006). • Rivers / Creeks based on Topographic vector data sourced from © Commonwealth of Australia (Geoscience Australia) 2003. Reference datum Geographical coordinates have been provided by the NNTT Geospatial Unit and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. Prepared by Geospatial Services, National Native Title Tribunal (28 March 2007) Parties to agreement Applicant Party name Etheridge Shire Council Contact address PO Box 5046 Cairns QLD 4870 Other Parties Party name Barry Fisher, David Hudson, Noel Lacey and Ron Richards Contact address C/- NQLC PO Box 679N Cairns QLD 4870 National Native Title Tribunal Page 2 of 4 Extract from Register of Indigenous Land Use Agreements QI2005/004 Version created: 17/6/2020 04:34 PM Further information: National Native Title Tribunal 1800 640 501 Period in which the agreement will operate Start date not specified End Date not specified Statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4) [This agreement contains statements in relation to the doing of a future act/class of future acts at clause 8, clause 9, clause 10 and clause 11. This agreement also contains statements in relation to the validation of a future act/class of future acts (other than intermediate period acts) that have been done at clause 8 (in relation to Existing Council Infrastructure) and clause 11(in relation to Council Roads). These statements include but are not limited to those specifically detailed below. Further information about the detail of these statements can be obtained from the National Native Title Tribunal Case Manager on freecall 1800 640 501.] 8. EXISTING COUNCIL INFRASTRUCTURE 8.1 The Native Title Parties will not claim compensation from Council in respect of the extinguishment, diminishment or impairment of Native Title Rights and Interests by the construction or establishment of Extinguishing Infrastructure. 8.2 The Native Title Parties consent to the continued operation, use and maintenance of: (a) the Non-Extinguishing Infrastructure; (b) the land on which the Non-Extinguishing Infrastructure is located; and (c) any land or waters which is adjacent to the land on which the Non-Extinguishing Infrastructure is located which is necessary for, or incidental to, the operation, use and maintenance of the Non-Extinguishing Infrastructure. 8.3 The Parties agree that to the extent of any inconsistency between the Native Title Rights and Interests and the operation, use or maintenance of Non-Extinguishing Infrastructure, the Non-Extinguishment Principle will apply. 8.4 The Native Title Parties will not claim compensation from Council in respect of the diminution or impairment of Native Title Rights and Interests by the construction, operation, use or maintenance of Non-Extinguishing Infrastructure. 9. FORSAYTH TRUCKING RESERVE 9.1 The Parties consent to the State of Queensland dedicating a community purpose reserve under the Land Act 1994 for sport and recreation purposes over the Forsayth Trucking Reserve and land described as Lot 3 on USL 436 Parish of Castleton County of Gilbert. 9.2 The Native Title Parties consent to any Future Acts by the Council on the land referred to in paragraph 9.1 as would be consistent with Section 24JA of the NTA as if the reserve had been created prior to 23 December 1996. 9.3 The Native Title Parties agree to the Council being appointed as trustee of the reserve referred to in paragraph 9.1. 10. MINOR WORKS OR ACTIVITIES 10.1 This clause does not apply to any part of the ILUA Area where native title rights and interests have otherwise been extinguished or determined not to exist. 10.2 The Parties consent to the construction or carrying out of Minor Worlcs or Activities on the conditions described in Schedule 4. 11. COUNCIL ROADS - FUTURE ACT CONSENT 11.1 The Parties acknowledge that certain Council roads within the ILUA Area, have no dedication or have been identified as off-alignment roads, having been constructed wholly or partially outside of the area of land dedicated, declared, notified or taken for public use as a road. 11.2 Clause 11.3 does not apply to any part of the ILUA Area where native title rights and interests have otherwise been extinguished or detennined not to exist. 11.3 The Native Title Parties consent to the class of future acts comprising anyone or more of the following:- (a) the operation and maintenance of Council Roads by or on behalf of the Council; (b) the use by the public of Council Roads; or (c) the dedication as a public road by the Minister of a currently undedicated Council Road (including off-alignment roads) up to a width of sixty (60) metres. 11.4 The Native Title Parties will not claim compensation from the Council in respect of the extinguishment, diminution or impairment of Native Title Rights and Interests by the operation, maintenance and use by the Council and use by the public of Council roads. Defined Terms: "Council" means the Etheridge Shire Council constituted pursuant to the provisions of the Local Government Act 1993 with jurisdiction over the local government area of Etheridge; "Forsayth Trucking Reserve" means Lot I on Plan F5874, Parish of Castleton, County of Gilbert; "Future Act" has the meaning given in the NTA; "ILUA Area" means the land and waters described in Schedule I; "Minister" means the Minister administering the Land Act 1994 (Qld); "Minor Works or Activities" means the acts described in paragraph 1 of Schedule 4.