ATNS - Agreements, Treaties and Negotiated Settlements project

Back to search results

Print this page
Combined Mandingalbay Yidinji Gunggandji Yarrabah DOGIT Transfer Indigenous Land Use Agreement (ILUA)
Date:	12 September 2011
Date To:	1 January 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of Cairns
	Click this link to search this location with google maps
State/Country:	Queensland, Australia
	Click this link to search this location with google maps
	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. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File Number: QI2011/055
Subject Matter:	Future Act \| Land Planning \| Land Transaction \| 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_DOGIT_Transfer_ILUA_QI2011_55.aspx
Summary Information:
The Combined Mandingalbay Yidinji Gunggandji Yarrabah DOGIT Transfer Indigenous Land Use Agreement (ILUA) is an agreement between: - the State of Queensland (applicant); - Les Murgha and Charles Garling on their own behalf and on behalf of the Gunggandji People; - Vincent Mundraby on his own behalf and on behalf of the Mandingalbay Yidinji People; and - the Yarrabah Aboriginal Shire Council. The agreement was made on 12/09/2011. The purpose of this agreement is for the parties to provide their consent to the transfer of an area of land under the Aboriginal Land Act 1991 (Qld) (ALA) and the granting of that land as Aboriginal Land.
Detailed Information:
Details of the Agreement Commencement Most of the ILUA provisions commence on the date of execution, 12 September 2011, but Clause 5 of the ILUA commences on the termination of the Yarrabah Blockholders ILUA [Tribunal file number QI2011/054]. The Agreement terminates on 1 January 2014, subject to a deed for the Aboriginal Land Act 1991 (Qld)(ALA) Transfer Area being delivered. Native Title parties' consent The parties to this agreement consent to the ALA Transfer Area being granted as Aboriginal Land. The Native Title parties agree that they will not object to the granting of the ALA Transfer Area as Aboriginal Land, or do anything that prevents or delays the granting of Aboriginal Land. 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.