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Gangalidda People Finucane Island Indigenous Land Use Agreement (ILUA) | ||
Date: | 16 December 2014 | |
Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | |
Place: | Located in the vicinity of Finucane Island | |
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State/Country: | Queensland, Australia | |
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The Agreement Area is all of the land and waters described as that part of Finucane Island National Park being Lot 442 on NPW906 that lies to the west of the right bank of the Leichardt River. The agreement area covers about 50 sq km and is located over part of Finucane Island National Park, in the state of Queensland | ||
Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth). | |
Legal Reference: | National Native Title Tribunal File No.:QI2014/092 | |
Subject Matter: | Land Settlement | Native Title | |
URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/092 | |
Summary Information: | ||
The Gangalidda People Finucane Island Indigenous Land Use Agreement (ILUA) is an Area Agreement between: - the State of Queensland; - Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa People #2; and - Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC. The Agreement Extract fails to provide detailed information as to the purpose of the Agreement. From the information available, however, it is reasonable to presume that the Agreement concerns the State of Queensland's recognition of native title rights and interests within the Agreement Area. | ||
Detailed Information: | ||
Commencement The Agreement was registered with the Register of Indigenous Land Use Agreements on 26 May 2015 and specifies the start date of the Agreement as 12 December 2014. The Extract further notes that Clauses 1 - 4 and 11 commence on the Execution Date. The Execution Date is defined as the date on which the last party signed the Agreement. The remaining Clauses of the Agreement commence on the Registration Date, being 26 May 2015. Subject to certain Clauses, the Agreement will continue in perpetuity. The Agreement may be terminated by written Agreement executed by the Parties. Native Title Provisions The Extract notes that there are no statements within the Agreement of the kind 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 that 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 In 2010, the Federal Court of Australia held in Gangalidda and Garawa People v State of Queensland [2010] FCA 646 that native title exists over parts of the determination area. |
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