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Combined Mandingalbay Yidinji Gunggandji Yarrabah Local Government Indigenous Land Use Agreement (ILUA)
Date:	12 September 2011
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of Cairns
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State/Country:	Queensland, Australia
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	The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: The area subject to this agreement covers about 80 square kilometres, located approximately 10 kilometres south east of Cairns and includes Gunjarra Island.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28/06/2012. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File Number: QI2011/057
Subject Matter:	Access \| Consultation \| Cultural Heritage \| Future Act \| \| Land Management \| Land Planning \| Land Use \| Local Government \| Management / Administration \| Native Title \| Recognition of Native Title or Traditional Ownership
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Combined_Mandingalbay_Yidinji_Gunggandji_Yarrabah_Local_Government_ILUA_QI2011_057.aspx
Summary Information:
The Combined Mandingalbay Yidinji Gunggandji People Yarrabah Local Government(ILUA) is an area agreement between: - Yarrabah Aboriginal Shire Council (applicant); and - Leslie Murgha, Vincent Mundraby and Charles Garling on behalf of the Combined Mandingalbay Yidinji Gunggandji People for Native Title Determination Application QUD6016/01. The purpose of this agreement is for the native title holders, the Combined Mandingalbay Yidinji Guggandji People, to consent to the future acts the Yarrabah Local Government needs to conduct in order to carry out their local government responsibilities.
Detailed Information:
Details of the Agreement Commencement The ILUA commences at the date of execution, 12 September 2011. Future Acts The parties agree to the Yarrabah Local Government performing any future acts needed for: - the continued operation, use, access to and maintenance of existing Council infrastructure; - the operation or management of constructed and off-alignment roads by Local Government; - the taking of natural resources within the ILUA area for the activities of Local Government. Acts Already Done The parties also agree that any acts already done by Yarrabah Local Council are valid and have not extinguished any Native Title. Native Title party consent The Native Title parties only consent to future acts if: (for low impact activities) - the acts comply with cultural heritage (and for high impact activities) - the acts comply with cultural heritage, - the Council gives notice to Native Title parties, - the Council completes consultation with the Native Title Parties, - Consensus is reached through the consultation, and; (where the proposed activity is in a Mandingalbay Yidinji and Gunggandji Special Interest Area) - the Native Title Parties consent. Native Title in the ILUA Area The Federal Court determination Mundraby & Ors on behalf of the Combined Mandingalbay Yidinji - Gunggandji Claim v State of Queensland (unreported, FCA, 21 September 2012, Dowsett J) recognised that native title exists over approximately 82 square kilometres of the Combined Mandingalbay Yidinji-Gunggandji People's traditional land.