ATNS - Agreements, Treaties and Negotiated Settlements project

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Tagalaka People/Golden Gate Indigenous Land Use Agreement (ILUA)
Date:	19 May 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of the town of Croydon
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State/Country:	Queensland, Australia
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	The Agreement Area covers about 396 square kilometres extending from about 16 kilometres north west to about 26 kilometres north east of the town of Croydon, in Far North Queensland. The area is covered by the Croydon and Etheridge Shire Councils.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 May 2014.
Legal Reference:	National Native Title Tribunal File No.: QI2014/024
Subject Matter:	Access \| Future Act \| Land Use \| Native Title \| Pastoral Activities
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Tagalaka_People_Golden_Gate_ILUA_QI2014_024.aspx
Summary Information:
The Tagalaka People/Golden Gate Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between: - Wallabadah Pastoral Pty Ltd (applicant); - Janet Busch, Bill Fortune, Janette Owens, Maureen Douglas, Beverly Bowyang and Gladys Callope (Tagalaka Party); and - the Tagalaka Tribal Aboriginal Corporation. The purpose of this ILUA is to authorise the pastoral leases over the land covered by the ILUA in the case of a native title determination.
Detailed Information:
Details of the agreement Commencement The ILUA was registered with the National Native Title Tribunal on 19 May 2014. The Extract does not stipulate a specific start or end date but the Agreement is said to commence when a determination of native title in favour of the Tagalaka People is made. Agreement The Agreement operates to provide the parties' consent to specified future acts. The Extract provides that these acts are: a) the issue of a term lease (or leases) for pastoral purposes over land which is subject to an occupational licence under Land Act 1994 (Qld); and b) the subdivision of Lot 785 on AP12367. Clause 5.4 provides that if a native title determination is made to persons other than the Tagalaka People then the ILUA is terminated on the date of determination. If a native title determination is made in favour of the Tagalaka People then the ILUA will continue unless otherwise determined by the Tagalaka People. If on the other hand, there is valid extinguishment of native title over the entire ILUA area, then Clause 5.5 states that the Agreement will end unless otherwise agreed. Background to the Agreement: Native Title in the ILUA Area The consent determination Owens on behalf of the Tagalaka People v State of Queensland [2012] FCA 1396 involved the Tagalaka People over various lands in the Gulf Savannah region around the townships of Croydon, Normanton and East Hayden. This involved two native title applications, lodged in 1998 and 2001. These two applications were heard together due to their geographical proximity. The Federal Court awarded the Tagalaka People exclusive native rights to possession, occupation, use and enjoyment over approximately 105 square kilometres of land within the determination area. Non-exclusive native title was awarded over a further 29,817 square kilometres within the Determination Area (Department of Natural Resources, Queensland Government, 2012). Native title rights and interests were therefore awarded over approximately 29,800 square kilometres of land over 469 parcels in Far North Queensland. Croydon Mayor Trevor Pickering said the ruling affirmed the Tagalaka People as the traditional owners of land and waters within the Croydon shire and congratulated the Tagalaka People on their native title win. The Croydon Shire Council signed an indigenous land use agreement (ILUA) in 2008 with the Tagalaka people giving native title rights over public land held by the council to the Tagalaka people, but allowing for the continued operation of water infrastructure, historical buildings, sports grounds and the airport (The Australian News, 2012). Traditional owner Patrick Wheeler said the land in the area contains many special sites (ABC Rural, 2012). The consent determinations operate alongside a number of ILUAs that the Tagalaka People have negotiated with local councils, pastoralists and service providers.