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Yulluna People/Corrie Downs, Digby Peaks and Windsor Park (aka Willsdown) Indigenous Land Use Agreement (ILUA)

Date: 10 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:In the vicinity of Chatsworth
State/Country:Queensland, Australia
The Agreement covers about 900 sq km over Lot 4596 on PH26 (Digby Peaks Pastoral Lease), Lot 3562 on SP261206 (Willsdown Pastoral Lease) and Lot 4174 on PH45 (Corrie Downs Pastoral Lease) approximately 15 kilometres south-west of Chatsworth. This falls within the authority of the Boulia and the Cloncurry Shire Councils.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2014/034
Subject Matter:Land Transaction | Land Use | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/034
Summary Information:

The Yulluna People/Corrie Downs, Digby Peaks and Windsor Park (aka Willsdown) Indigenous Land Use Agreement (ILUA) was agreed between:

- Dulcie Carol Anderson, Phillip Martin Patrick Anderson and Donald James Grimshaw; and

- Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3

on 10 October 2014.

The purpose of the Area Agreement is to grant consent by the Yulluna People to the applicant for a pastoral lease.

Detailed Information:

Details of the Agreement


The Agreement was registered with the National Native Title Tribunal (NNTT) on 10 October 2014.

The Extract notes, however, that the Agreement takes effect on the date that a determination of Native Title is found in favour of the Yalluna People.

The Agreement will continue until any of the following events occur:

- the lease term expires; or
- the lease is surrendered, resumed, forfeited or terminated; or
- the Agreement is removed from the Register of Indigenous Land Use Agreements.



Native Title Provisions


The Extract notes that there are no statements of the kind within the Agreement 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 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 a future act; nor
  • validate any previous future acts.


Native title in the ILUA area


The Agreement area falls within the boundaries of Native Title determination application for the Yulluna People (QUD189/2010;QC2010/001) as accepted for registration on 16 July 2013.

On 1 June 2010, the Yulluna People applied for a determination of native title over an area of about 10,027 km2 in northwest Queensland, located south of Mt Isa and Cloncurry and to the west of Dajarra.


In the case of Sullivan on behalf of the Yulluna People #3 v State of Queensland [2014] FCA 659, Dowsett J determined that the Yulluna People hold non-exclusive native title rights in relation to the determination area.


Related Entries

  • Yulluna People/Toolebuc Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Queensland South Native Title Services Limited
  • National Native Title Tribunal
  • Boulia Shire Council
  • Cloncurry Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Dulcie Carol Anderson, Phillip Martin Patrick Anderson and Donald James Grimshaw - Signatory
  • Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3 - Signatory

  • Documents

    Yulluna People/Corrie Downs, Digby Peaks and Windsor Park (aka Willsdown) Indigenous Land Use Agreement (ILUA) -Schedule 3, Map - ( PDF)
    Yulluna People/Corrie Downs, Digby Peaks and Windsor Park (aka Willsdown) Indigenous Land Use Agreement (ILUA)- Extract - ( PDF)

    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) | Native Title Registers | Native Title Claimants (unregistered) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Lease

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