ATNS - Agreements, Treaties and Negotiated Settlements project

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Gunggari Local Government Indigenous Land Use Agreement (ILUA)
Date:	15 December 2008
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Southern Queensland, between Charleville and St George.
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State/Country:	Queensland, Australia
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	The area subject to the agreement covers about 15000 sq kms and is located in southern Queensland between Charleville and St George. The ILUA area falls within the jurisdiction of Murweh Shire Council, Roma Regional Council and Balone Shire Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 October 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No. QI2008/002.
Subject Matter:	Access \| \| Local Government
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.002/ILUARegisterExport.pdf
Summary Information:
The parties to this Indigenous Land Use Agreement are the the Balonne Shire, Murweh Shire, Roma Regional Councils and Robert John Munn for the Gunggari People. The purpose of this agreement is to settle the status of the local government's controlled land in the ILUA area and provide for traditional access rights by the Gunggari people to council controlled land.
Detailed Information:
Gunggari Local Government ILUA This ILUA was registered on 15 December 2008 and settles the status of local government controlled land in the Gunggari #2 native title claim and makes cultural heritage arrangements in relation to that land. More specifically, the ILUA provides for the following: Existing Infrastructure The Native Title Party agrees not to dispute the Local Government's claim to ownership, possession, operation, control or maintenance of existing infrastructure by virtue of the native title claim. The Native Title Party also consents to the continued use, operation, maintenance and repair of the existing infrastructure and access tracks and further consents to a Local Government being granted an interest over the area of Existing Infrastructure and Existing Access Tracks. Access The ILUA also provides for traditional access by the Gunggari people to council controlled land to conduct traditional activities and provide certain consultative measures. The ILUA confirms that the non-extinguishment principle applies to the future acts. Recognition This ILUA further provides for local recognition of the Gungarri People as the traditional inhabitants of the area. Background to the ILUA The Gunggari People have made two native title claims. The first claim ("Gunggari #1") is a claim covering over 0.025 square kilometres of land in Dunkeld, south of Mitchell. The second claim ("Gunggari #2") is a whole of country claim, covering 15000 square kilometres of land in Central South Queensland. Gunggari People #2 was registered on 8 April 2002 and Gunggari People #1 was registered on 27 February 2004. In an ILUA with the State of Queensland, the Gunggari #1 claim was settled and discontinued. The ILUA was registered with the National Native Title Tribunal on 29 May 2009 (see the Gunggari People ILUA).