ATNS - Agreements, Treaties and Negotiated Settlements project

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Yensch and Gia People Indigenous Land Use Agreement (ILUA)
Date:	31 January 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Miowera
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State/Country:	Queensland, Australia
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	The Agreement covers about 1.3 sq km; located in the vicinity of Miowera, about 17 km south of Bowen in the State of Queensland. The Agreement Area includes the whole of Lot 53 on SP142004. The Area is within the Whitsunday Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 January 2014. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2013/072
Subject Matter:	Native Title - Extinguishment \| Pastoral Activities
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Yensch_and_Gia_People_ILUA_QI2013_072.aspx
Summary Information:
The Yensch and Gia People Indigenous Land Use Agreement (ILUA) was agreed between: - State of Queensland, Department of Natural Resources and Mines; - Patricia May Brimble, Raymond Wake, Marie Coleman and Elsie Kyle on their own behalf and on behalf of the Gia People; - Winkara Nominees Pty Ltd; and - R.E & B. Yensch Pty Ltd on 31 January 2014. The purpose of the ILUA is surrender Native Title in the Agreement Area to facilitate the conversion of a term lease to freehold title over the Agreement Area. The ILUA additionally provides consent for the doing of Future Acts, predominantly the implementation of the conversion.
Detailed Information:
Details of the Agreement Commencement The ILUA was registered on 31 January 2014. The Extract identifies the Start Date of the Agreement as 30 August 2013. The End Date for the ILUA is 30 August 2018, meaning that the ILUA has effect for 15 years from the Start Date. The Agreement The ILUA relates to the surrender of the Gia Peoples' Native Title within the Agreement Area. The surrender of Native Title is in favour of the State of Queensland. The ILUA provides the parties' consent to: (a) the surrender of Native Title; and (b) the doing of the Future Acts relating to the conversion of a term lease to freehold title over the Agreement Area. The surrender of Native Title will only take effect upon the Governor in Council issuing a deed of grant of freehold. The surrender effectively extinguishes the Gia Peoples' Native Title rights and interests over the Agreement Area. Native Title Provisions The Extract notes that Subdivision P, Part 2, Division 3 of the NTA is not intended to apply to the Surrender. This means that the Right to Negotiate does not apply.