Gugu Badhun People and Hidden Valley Cabins Indigenous Land Use Agreement (ILUA)
|Date: ||10 March 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Paluma State Forest|
|State/Country:||Queensland , Australia|
|The Agreement Area covers Part of Lot 2 on SP263069 (about 2.5 Hectares) located
approximately 10 km west of the Paluma State Forest and north of Ewan Road in the State of Queensland. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 March 2014. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/002 |
|Subject Matter:||Collaboration / Partnership | Economic Development | Housing, Construction and Infrastructure | Land Use | Native Title - Extinguishment | Tourism|
|Summary Information: |
|The Gugu Badhun People and Hidden Valley Cabins Indigenous Land Use Agreement (ILUA) was agreed between:|
- Ian Ross McLennan and Bronwen McLennan;
- Gugu Badhun Aboriginal Corporation; and
- the State of Queensland
on 10 March 2014.
The purpose of the ILUA is surrender Native Title in the Agreement Area to facilitate the grant of freehold title over the Area to Ian Ross McLennan and Bronwen McLennan. The surrender will allow Ian Ross McLennan and Bronwen McLennan to operate the eco-resort Hidden Valley Cabins and hold freehold title over land abutting the Agreement Area.
|Detailed Information: |
|Details of the Agreement|
The ILUA was registered on 10 March 2014. The extract does not note a specific start or end date for the Agreement.
However, the Extract does note that the Agreement commences operation from the Execution Date. The Execution Date is not stated in the Extract. This provision is subject to Clause 3.2, which provides that Clause 4 of the Agreement does not commence until Registration, being 10 March 2014.
Clause 4 of the Agreement provides the parties' consent for:
(i) surrender of Native Title within the Agreement Area;
(ii) in order to facilitate the granting of freehold title over the Area to Ian Ross McLennan and Bronwen McLennan; and
(iii)permits Ian Ross McLennan and Bronwen McLennan to operate the Happy Valley Cabins eco-resort and hold freehold title to land abutting the Agreement Area.
Native Title in the ILUA Area
The Gugu Badhun People native title determination was registered and took effect from 1 August 2012. The decision of Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland  FCA 800 results in full determination of native title. The Agreement Area the subject of this ILUA falls within the land over which native title was granted in this decision.
Native Title Provisions
The Extract notes that Subdivision P, Part 2, Division 3 of the NTA is not intended to apply to the Surrender. This means that the Right to Negotiate does not apply.