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Gugu Badhun People and Local Government Indigenous Land Use Agreement (ILUA)

Date: 26 April 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
State/Country:Queensland, Australia
The agreement area covers about 8,845 sq km and is located approximately 160 km southwest of the town of Innisfail.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 March 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth)
Legal Reference: National Native Title Tribunal File No: QI2012/093
Subject Matter:Local Government | Native Title
Summary Information:
The Gugu Badhun People and Local Government Indigenous Land Use Agreement (ILUA) was entered between the following parties:

- Hinchinbrook Shire Council
- Townsville City Council
- Charters Towers Regional Council
- Tablelands Regional Council
- Gugu Badhun Aboriginal Corporation
- Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson as the Applicants for Native Title Determination
Application QUD85/2005 (Gugu Badhun People #2).

The purpose of this ILUA is to provide consent to activities that have a low native title impact and the result of a successful/unsuccessful native title determination on the ILUA area.
Detailed Information:
Details of the Agreement

The agreement was entered between the parties so as to give consent to any activity that has a low native title impact. The parties many however provide consent to high native title impact upon fulfillment of either of the conditions:

- the local government proposing the activity gives a notice to the native title party or its representative and also completes consultation.

- where the activity proposed by the local government involves a capital work dealt with at a Capital Works Forum and gives a list of such work and ensures that consensus is recahed about the particular activity.

As per the agreement, 'activities' has the widest possible meaning and includes any construction and groudn disturbing activity, action, undertaking, dealing, grant, approval, consent and agreement.

The agreement also states that provisions in Part 2 (Native title) and Part 3(Applications)will not apply under the following conditions by notice from one party to all the others:

- if the native title claim results in successful/unsuccessful determination to the ILUA area
- if all native title is surrendered under the act
- if the native title claim is discontinued, struck out or dismissed by the order of the Federal court of Australia.


The agreement takes effect from the execution date and continues unless and until the agreement is terminated.

Native Title Provisions

The Right to Negotiate does not apply to any future acts covered by the agreement.

Native title in the ILUA Area

The Gugu Badhun people were awarded native title rights through consent determination on 1 August 2012. The Gugu Badhun claim encompasses land in the Upper Burdekin region of Far North Queensland, west to the Great Diving Range and north of Charters Towers. The claim included the town of Greenvale and the Valley of Lagoons.
The Gugu Badhun people have the following non exclusive rights in relation to water and land:

- hunt, fish and gather from the water of the area for personal, domestic and non commercial communal services
- take and use the water of the area for personal, domestic and non commercial communal purposes.
-access, be present on, move about on and travel over the area
- camp and live temporarily on the area as part of camping and for that purpose to build temporary shelters
- take, use, share and exchange natural resources from the land and waters of the area for personal, domestic and non-commercial communal purposes
- conduct ceremonies on the area
- hold meetings on the area
- maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas from physical harm
- teach on the area the physical and spiritual attributes of the area
- light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation
- be buried and bury native title holders within the area.

Related Entries

  • Hoolihan on behalf of the Gugu Badhun People 2 v State of Queensland [2012] FCA 800
  • Organisation
  • Charters Towers Regional Council - Signatory
  • Hinchinbrook Shire Council - Signatory
  • Townsville City Council - Signatory
  • Tablelands Regional Council - Signatory
  • Gugu Badhun Aboriginal Corporation RNTBC - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2 - Signatory
  • Gugu Badhun People - Signatory

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Native Title Applications/Claims (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers

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