Warrungu People/Kent (aka Wombino) Indigenous Land Use Agreement (ILUA)
|Date: ||23 September 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Mount Garnet|
|The Agreement area covers about 260 sq km approx 35 km south of Mount Garnet This falls within the boundary of the Tablelands Regional Council.
The Agreement Area includes all the land and waters within Lot 3285 on CP PH1908 (Kent Pastoral Holding).
Kent Pastoral Holding is situated on the land and waters of the Warrungu People #2 Native Title determination.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 September 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/057|
|Subject Matter:||Access | Land Use | Native Title | Pastoral Activities|
|Summary Information: |
|The Warrungu People/Kent (aka Wombino) Indigenous Land Use Agreement (ILUA) was agreed between:|
- Reginald Joseph Morganson, Danny Hooligan and Walter Blohm (Warrungu Party);
- Goondaloo Aboriginal Corporation RNTBC;and
- Warren Ashley Jonsson and Gail Maree Jonsson.
The purpose of this Body Corporate Agreement is to provide consent by the Warrungu People with respect to the use of the land called 'Kent Pastoral Holding'.
|Detailed Information: |
|The Agreement was registered with the National Native Title Tribunal (NNTT) on 16 September 2014. |
The Extract notes that the Agreement commenced on 23 September 2013, being the date of the determination of Native Title by the Federal Court in favour of the Warrungu People.
Where a Determination recognises the exclusive right to possession and occupation of land within the Agreement Area is made in favour of persons other than the Warrungu People, the Agreement will terminate on the date of such a Determination. Contrastingly, if a Determination is made in favour of the the Warrungu People the Agreement will continue unless otherwise determined by the Warrungu People.
The Extract outlines Clause 5.5, which provides that the Agreement will terminate where Native Title is validly extinguished within the Agreement Area.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means that the ILUA does not:
- provide consent for the doing of any acts by non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
The Agreement area falls within the land and waters of Native Title Determination Application Warrungu People #2 (QC2004/008; QUD111/2004).
In Morganson on behalf of the Warrungnu [Warrungu] People #2 v State of Queensland  FCA 957 it was found that Native title exists in the entire determination area.