Girramay People Tenure Resolution Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as all the lands and waters described in Part A and depicted in Part B of that Schedule.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on the 8 January 2019. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Girramay People Tenure Resolution Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the State of Queensland, acting through the Department of Natural Resources, Mines and Energy, the Girramay People Aboriginal Corporation, and Abraham Muriata and Claude Beeron on their own behalf and on behalf of the Girramay People.

The agreement area covers about 30 hectares (in 10 land parcels), located in the vicinity of the Bruce Highway, within approximately 20 km of Cardwell.

The purpose of the agreement is to surrender all native title rights and interests over the Land Exchange Lot and the Revenue Share Lot to the State of Queensland. The areas that have not been surrendered are to be granted as Aboriginal Land, under the Aboriginal Land Act 1991 (Qld), to the Girramay People Aboriginal Corporation to manage as reserves. Finally, the parties agree to the grant of an easement for the purpose of accessing the ILUA area.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Agreement area:

The area covers approximately 30 hectares, consisting of 10 unallocated parcels of State land, located in the vicinity of the Bruce Highway, and within 20 kilometers of Cardwell, Queensland. The area is located from Cardwell to Bilyana and the Murray Upper area, approximately 185 kms south of Cairns. The 10 unallocated parcels of land consist of a land exchange lot, a revenue share lot and lots transferred to the Girramay People Aboriginal Land Corporation, under the Aboriginal Land Act 1991 (Qld) ('the ALA').

The land exchange lot is described as part of Lot 8 on SP122539 (for greater detail see attached schedule 2).

The revenue share lot is described in attached schedule 3 as lot 57 on SP126362.

The remaining lots of the ILUA, to be transferred as ALA lots for reserve purposes, are as follows:

• Lot 122 of CWL3010;
• Lot 167 of SP210297;
• Lot 171 of CWL3596;
• Lots 172, 173 and 174 of CWL3318; and
• Lots 3 and 4 of CI0412.
  

Commencement:

The procedural clauses of the agreement commenced on the date which the last party executed the agreement. The ILUA is effective from the date it was registered with the National Native Title Tribunal (NNTT) on the 8 January 2019.

Termination:

This agreement will continue without limit unless it is terminated by written agreement executed by the parties, subject to the terms of the agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the agreed acts or to the surrender of native title.

Extinguishment

The agreement includes a statement to the effect that the surrender is intended to extinguish the native title rights and interests in the land exchange lots and revenue share lots. This means that, under s 24EB(1) of the Native Title Act 1993 (Cth), the parties agree that from the date of registration on the 8 January 2019, the native title rights and interests in the land exchange lots and revenue share lot (detailed further in attached schedules 2 and 3) are permanently extinguished.

However, the non-extinguishment principle applies to the agreed acts in the remaining areas of the ILUA, set out below.

Future act provisions

The parties consent to the validation of acts done in conflict with native title rights and interests ('acts done invalidly') prior to or on the date that the last parties signs the ILUA (the 'execution date').

The have agreed to do the following acts:

• the dedication of the Reserves;
• the existing uses of the Reserve areas;
• the appointment of the Girramay People Aboriginal Corporation as trustees of the Reserves in accordance with Schedule 5 (not included in the extract);
• the grant of any lease, permits, easement or other interests over the Reserve areas; and
  
• all other uses and activities over the Reserve areas that are consistent with the purposes of the Reserves.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA 1120. (FCA File No.: QUD741/2015, NNTT File No.: QCD2018/003).

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