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Gugu Badhun People/Eland and Lucky Downs Indigenous Land Use Agreement (ILUA)
Date:	27 February 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	The Agreement Area is located in Queensland within the Charters Towers Regional Council.
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State/Country:	Queensland , Australia
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	The Agreement Area covers about 302 square kilometres, located northwest of Greenvale in the State of Queensland. The Agreement Area includes all of the land and waters within Lot 501 on SP112186 (Eland) and Lot 547 on SP242570 (Lucky Downs) located within the Native Title Determination Application QUD85/05 Gugu Badhun People 2 (QC05/07) being an area north of the northern boundary of the Gregory Development Road.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2012/105
Subject Matter:	Access \| Pastoral Activities
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Gugu_Badhun_People_Eland_and_Lucky_Downs_ILUA_QI2012_105.aspx
Summary Information:
The Gugu Badhun People/Oak Hills Indigenous Land Use Agreement (ILUA) was agreed between: - Henry James Atkinson and Susan Atkinson; - Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2; and - Gugu Badhun Aboriginal Corporation (BC and RNTBC) on 27 February 2013. The purpose of the ILUA is to vest title of the Pastoral Holding 24/4836 comprising Lot 501 on SP112186 commonly known as Eland and Pastoral Holding 24/547 comprising Lot 547 on SP242570 commonly known as Lucky Downs with Henry James Atkinson and Susan Atkinson.
Detailed Information:
Details of the Agreement The ILUA was registered on 27 February 2013. The extract does not specify a start date for the ILUA or a specific end date. The extract notes that, subject to clauses 5.4, 5.5 and 5.8 of the Agreement, the Agreement takes effect on the date of determination of native title in favour of the Gugu Badhun People is made. The Gugu Badhun People native title determination was registered and took effect from 1 August 2012. The decision of Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland [2012] FCA 800 results in full determination of native title. The Agreement Area the subject of this ILUA falls within the land over which native title was granted in this decision. The Agreement will continue until: (a) the date of expiry of the Lease term; or (b) the date of surrender, resumption, forfeiture or termination of the Lease; or (c) the date of removal of the Agreement from the Register of Indigenous Land Use Agreements. Clause 5.4: In the event a Determination recognising the right to possession and occupation of the Agreement Area, to the exclusion of all others, is made to: (a) persons other than the Gugu Badhun People, the Agreement terminates as at the date of the Determination; or (b) the Gugu Badhun People, the Agreement continues unless otherwise determined by the Gugu Badhun People. Clause 5.5: Unless otherwise agreed, this Agreement will end with the valid extinguishment of Native Title over the whole of the Agreement Area. Clause 5.8: Subject to the provisions of the Land Act, the Agreement will not terminate if: (a) the Lease has expired but application has been made for renewal or other action has been taken under the provisions of the Land Act for continuity of the Lease ; or (b) land dealings on the Lease in the form of subdivisions, amalgamations, additional areas or conversion to a perpetual tenure result in a new lease being issued; or (c) the Lease or part of the Lease is converted to protected area tenure under the NCA. 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