Munga-Thirri National Park Protected Areas Indigenous Land Use Agreement (ILUA)
|Date: ||18 December 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Munga-Thirri National Park|
|State/Country:||Queensland, Not specified|
|The agreement area covers about 8,062 square kilometres of land and waters and is located 70km west of Birdsville, extending north easterly from Poeppel Corner. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 December 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/078.|
|Subject Matter:||Environmental Heritage | Land Management | Land Use | Management / Administration | Native Title|
|Summary Information: |
|The Munga-Thirri National Park Protected Areas Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:|
- State of Queensland (applicant);
- Arthur Ah Chee, Haydyn Bromley, Brenda Shields and Sharon Lucas on their own behalf and on behalf of the Wangkangurru/Yarluyandi People; and
- Wangkangurru/Yarluyandi Aboriginal Corporation RNTBC.
The purpose of this Agreement is not clear from the ILUA Extract, however appears to be to give the State of Queensland certain rights in the Agreement Area.
|Detailed Information: |
The ILUA was registered with the Register of Indigenous Land Use Agreements on 18 December 2015.
The Extract does not specify the period in which the agreement will operate.
The Extract does, however, state that clauses 1 (definitions), 2 (interpretation), 3 (commencement and expiry), 4 (authority) and 12 (registration of agreement) commence on the execution date, being the date of the agreement or, where the parties sign the agreement on different dates, the date on which the last party signs the agreement which was 2 June 2015. All other clauses commence upon registration, being 18 December 2015.
Expiry and Use of the Agreement Area
Subject to the following clauses, the agreement is to continue in force in perpetuity.
Clause 3.4 states that the agreement may be terminated by written agreement executed by the parties.
Clause 3.5 states that the parties acknowledge that on and from the date the prescribed bodies corporate (PBC) becomes the registered native title bodies corporate (RNTBC) for the Native Title Determination (i.e. when registered by the National Native Title Tribunal), the PBC will have the function of managing the Native Title Rights and Interests of the Wangkangurru/Yarluyandi People, and the power to enter into agreements to perform that function. As a result this agreement may be terminated by written agreement executed by the RNTBC and the State.
Clause 3.7 states that if a regulated management plan comes into effect which regulates the exercise of Native Title Rights and Interests in relation to part of the ILUA Area and for which an ILUA has been registered in relation of Native Title Rights and Interests under the regulated management plan, this agreement expires in relation to that part of the ILUA Area to which the regulated management plan relates. It continues in force in relation to the remainder of the ILUA Area.
Clause 3.8 states that if a substitute ILUA is registered in relation to all or part of the ILUA Area, this agreement expires in relation to that part of the ILUA Area covered by the substitute ILUA and continues in force in relation to any part of the ILUA Area not covered by the substitute ILUA.
However, clause 3.9 states that a party may only notify the Registrar in writing pursuant to s199C(1)(c)(I) of the Native Title Act 1993 (Cth) (concerning removal of details of agreement from Register) that this Agreement has expired due to the operation of clause 3.7 or 3.8 if:
- each party has agreed in writing that this Agreement has so expired ; or
- if the parties are unable to agree that this Agreement has so expired , the Dispute has been resolved in accordance with clause 14.
Native Title in the ILUA Area
The agreement area falls within the Wangkangurru/Yarluyandi People native title application SAD 6016/1998.
In Ah Chee v State of South Australia  FCA 1048 the Federal Court of Australia determined that the Wangkangurru/Yarluyandi People hold non-exclusive native title rights in part of the determination area.
In Ah Chee v State of South Australia  FCA 1048, this ILUA was listed in Schedule 7 as a proposed ILUA and as authorised on 16 August 2014.