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Port Curtis Coral Coast Boyne Island and Tannum Sands Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 July 2008
Date To: 7 July 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Tannum Sands
State/Country:Queensland, Australia
The ILUA area is approximately 2.5 square kilometres and is located in the vicinity of the Boyne River at Tannum Sands, southeast of Gladstone in Queensland. The ILUA area falls within the jurisdiction of Gladstone Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 April 2009. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/023
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.023/ILUARegisterExport.pdf
Summary Information:
The Port Curtis Coral Coast Boyne Island and Tannum Sands ILUA was agreed between:
- State of Queensland;
- Selwyn James Appo, Leigh Anthony Blackman, Lynette Yvonne Booth, Stephen Joseph Collins, Maureen Joyce Eggmolesse, Rayleen Evelyn Goltz, Tony Edward Johnson, Dean Sarra, Neola Marie Savage, Michelle Lydia Smith, Maxine Victoria Ann Thompson, Netta Margaret Tyson, Malcolm Alfred Walker, Michael John Williams on their own behalf and on behalf of the Port Curtis Coral Coast People.

The purpose of the ILUA is to provide consent for the surrender of native title in certain portions of the ILUA area, as well as the dedication of other portions of the ILUA area for use as a reserve.
Detailed Information:
Commencement and termination

The ILUA commences on the date of its execution (being 7 July 2008) and is effective for a period of 2 years. Whilst the ILUA will terminate after that period, certain clauses are specified to apply after the termination date.

Surrender

The parties consent to the surrender of a portion of the land within the ILUA area defined as the 'Surrender Area'. This surrender is intended to extinguish any native title that may exist within the 'Surrender Area'. The surrender will take effect on the date of registration of the ILUA on the National Native Title Register of ILUAs. This registration occurred on 2 April 2009.

The parties agree that their consent to the doing of this act constitutes the requisite consent for the purposes of ss 24EB(1)(b) of the Native Title Act 1993 (Cth), which cover the effect of registration on previous and proposed acts covered by ILUAs. In particular, this provision limits the ability of parties to seek any compensation for future acts other than that provided for within the ILUA.

Dedication of land for use as a reserve

The parties consent to the dedication of prescribed portions of land for use as a reserve for environmental purposes. Dedication of lands is a process prescribed under the Land Act 1994 (Qld). The parties also consent to any acts necessary or incidental to the management of that land as a reserve. This dedication will not extinguish native title in that area, however, native title rights will be suspended to the extent that they are inconsistent with the rights created by the dedication of the land.

General provisions

The parties also agree that the right to negotiate provisions in Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) do not apply to the doing of any act covered by this ILUA.

Native title in the ILUA area

The Port Curtis Coral Coast Native Title Claim Group was involved in the Port Curtis Coral Coast native title claimant application, which was filed with the Federal Court of Australia as proceeding QUD 6026 of 2001. The Port Curtis Coral Coast claim group is an amalgamation of the following previous native title claims:
- Bailai;
- Gooreng Gooreng #1
- Gooreng Gooreng #2
- Gurang
- Taribelung Bunda

The claim relates to approximately 19,283 square kilometres of land and waters in the state of Queensland, and includes the area covered by this ILUA. The claim has been registered, and is currently in mediation.

Related Entries

Agreement
  • Port Curtis Coral Coast and Australia Pacific LNG Pty Limited Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Land Act 1994 (Qld)
  • Native Title Act 1993 (Cth)
  • People
  • Selwyn James Appo and others on their own behalf and on behalf of the Port Curtis Coral Coast Native Title Claim Group - Signatory
  • Gurang People
  • Bailai People
  • Gooreng Gooreng People
  • Taribelang Bunda

  • Documents

    Map
    Port Curtis Coral Coast Boyne Island and Tannum Sands Indigenous Land Use Agreement Map - ( PDF)

    Glossary

    Non-Extinguishment Principle | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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