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Gulngay People Tenure Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 15 October 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Tully
State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Cassowary Coast Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 15 October 2019. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/018.
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/018
Summary Information:

The Gulngay People Tenure Resolution Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the State of Queensland and Gulngay Kinjufile Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The ILUA area covers about 6 sq km and includes multiple land parcels centered generally in the vicinity of Tully and extending approximately 24 km north, 15 km west, 17 km south east and 10 km north east.

The purpose of the agreement is the surrender of native title in revenue share lots and giving consent to agreed acts within the ILUA area.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Detailed Information:

Agreement area:

The ILUA area covers approx. 6 sq km and includes multiple land parcels centered generally in the vicinity of Tully and extending approx. 24 km northerly, 15 km westerly, 17 km south easterly and 10 km north easterly.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per the lots included in Schedule 1 of the Agreement. For more information, see the documents attached below.

Commencement and Termination:

The agreement commenced on the date the agreement was signed by the last party. The ILUA came into force when the agreement was registered on 15 October 2019.

The agreement will continue in force unless terminated by written agreement signed by the parties.

The agreement may also be terminated by a determination of the Federal Circuit Court that native title does not exist in part of the agreement area, or a determination that native title is held by people other than the Gulngay People in part of the determination area. In such cases, the agreement will cease in that part of the agreement area but remain in force in relation to the remaining area.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the acts consented to in this ILUA.

Extinguishment:

The Gulngay Kinjufile Aboriginal Corporation RNTBC surrenders all native title rights and interests in the surrender area. The surrender area is any revenue share lot in the ILUA area.

For all other agreed acts, the parties agree that the non-extinguishment principle applies, meaning that any acts authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions:

The parties consent to the doing of certain agreed acts, including:

  • the surrender of all native title rights and interests to the state over the revenue share lots;
  • the grant of any interest, including a permit, lease, easement or reserve for community purposes over any revenue share lot prior to the revenue share lot being granted in fee simple in accordance with the relevant requirements of the agreement;
  • any grant of Aboriginal land over the ALA lots in accordance with the requirements of the agreement and the Aboriginal Land Act 1991 (Qld);
  • the opening of any roads in accordance with clause 12 of the agreement;
  • the creation of the reserves including the appointment of trustees in accordance with the requirements of the agreement;
  • the inclusion of any area into the protected estate area in accordance with the requirements of the agreement, being those areas to which the Nature Conservation Act 1992 (Qld) applies;

Schedule 9 details all the agreed acts and is attached below.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Kinjun on behalf of the Gulngay People v State of Queensland [2019] FCA 446. (FCA file no.:QUD308/2014, NNTT file no.: QCD2019/003).


Related Entries

Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Gulngay Kinjufile Aboriginal Corporation RNTBC - Signatory
  • Cassowary Coast Regional Council
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • 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)
  • Nature Conservation Act 1992 (Qld)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/018 as at 15/10/2019 Gulngay People Tenure Resolution ILUA. - ( Thumbnail | PDF | PDF | 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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