ATNS - Agreements, Treaties and Negotiated Settlements project

Back to search results

Print this page
Gunggari People #3/Drysdale Ponds Indigenous Land Use Agreement (ILUA)
Date:	6 May 2015
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in the vicinity of Mitchell
	Click this link to search this location with google maps
State/Country:	Queensland, Australia
	Click this link to search this location with google maps
	The Agreement Area covers about 124 sq km, located about 100 kilometres south of Mitchell in the State of Queensland. The Agreement Area covers all the lands and waters within Lot 11 on COG134 (Drysdale Ponds Term Lease).
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2014/083
Subject Matter:	Access \| Native Title \| Pastoral Activities
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/083
Summary Information:
The is Gunggari People #3/Drysdale Ponds Indigenous Land Use Agreement (ILUA) an Area Agreement between: - Michael Humphrey Killen and Kaylean Terese Killen; and - Marshall Foster, Bradley Raymond Saunders, Reeghan Finlay, Jamie Robert Frid, Don Harding, Michelle Saunders, and Grant Jackson on behalf of the Gunggari People. The purpose of the Agreement is to provide for the Agreement Area to be leased to Michael Humphrey Killen and Kaylean Terese Killen.
Detailed Information:
Commencement This Agreement was registered with the Register of Indigenous Land Use Agreements on 6 May 2015. The Extract does not specify a start or end date for the Agreement. The Extract does note, however, that the Agreement is effective from the date of on which a determination of native title in favour of the Gunggari People is made. The Agreement continues until one of the following occurs: (a) the Lease term expires; or (b) surrender, resumption, forfeiture or termination of the Lease; or (c) the Agreement is removed from the Register of Indigenous Land Use Agreements. These commencement provisions are subject to Clauses 5.4, 5.5 and 5.8 of the Agreement. The Extract does not provide information about the effect of these Clauses. Native Title Provisions The Agreement does not include any statements mentioned in subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act. This means that the consequences set out under these sections are not triggered by this Agreement. The Agreement does not: - provide consent for the doing of any acts by non-native title parties; - affect 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 within the Agreement Area In the Consent Determination, Foster on behalf of the Gunggari People #3 v State of Queensland, handed down on 5 December 2014, the Federal Court found native title to exist in favour of the Gunggari People #3.