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Wulli Wulli People Revenue Sharing Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

In the vicinities of Theodore and Cracow

State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Banana Shire Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 18 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2018/008
Subject Matter:Land Settlement | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/008
Summary Information:

The Wulli Wulli People Revenue Sharing Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the State of Queensland (acting through the Department of Natural Resources and Mines);
  • the Banana Shire Council; and
  • the Wulli Wulli Nation Aboriginal Corporation RNTBC (Registered Native Title Body Corporate).

The agreement area covers 115 lots, with a total area of 2.64 sq km, located in the vicinities of Theodore and Cracow.

The purpose of the agreement is to provide consent for the surrender of native title rights and interests, the transfer of land as Aboriginal Land, and the creation of a Reserve.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Detailed Information:

Agreement area:

The agreement area covers 115 lots, with a total area of 2.64 sq km, located in the vicinities of Theodore and Cracow.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 1 of the agreement, as all the land and waters within each of the 115 lots identified. For more information, see the documents attached below.

Commencement and Termination:

The agreement commenced on the date that the last party signed it, 22 January 2018. It has effect as an ILUA from the date it was entered onto the Register of Indigenous Land Use Agreements, 18 May 2018.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply to the acts agreed to under this ILUA.

Extinguishment:

The parties agree that any surrender permanently extinguishes all native title and rights interests from the date the surrender takes effect. The surrender takes effect immediately prior to the State issuing a deed of grant (in freehold title) over the whole or part of a lot.

Future act provisions:

The parties consent to certain agreed acts, which include:

  • the validation of any acts done invalidly by the State or the Council, before the commencement date of the ILUA;
  • the surrender of native title over the lots to the State;
  • the State dedicating the Reserve area as a Reserve with the existing uses, and appointing the Banana Shire Council as the trustee of the Reserve;
  • the Aboriginal Land Act Lots being declared as transferable land and being granted as Aboriginal Land under the Aboriginal Land Act 1991 (Qld).

Native Title in the Agreement Area:

The agreement is within the area of native title recognised in the Federal Court proceeding Anderson on behalf of the Wulli Wulli People v State of Queensland (No 3) (FCA file no.: QUD6006/2000; QCD2015/009).


Related Entries

Agreement
  • Anderson on behalf of the Wulli Wulli People v State of Queensland (No 3) [2015] FCA 821
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Banana Shire Council - Signatory
  • Wulli Wulli Nation Aboriginal Corporation - Signatory
  • Queensland South Native Title Services Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Act 1991 (Qld)

  • Documents

    Document
    National Native Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2018/008 as at 17 June 2020 (Wulli Wulli People Revenue Sharing ILUA) - ( Thumbnail | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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