Wakka Wakka People #3 and Gympie Regional Council Indigenous Land Use Agreement (ILUA)

Gympie Region

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 13 December 2018. This is an authorised Area Agreement (ILUA) under the Native Title Act 1993 (Cth).

This Indigenous Land Use Agreement (ILUA) is made under the provisions of the Native Title Act 1993 (Cth) between the Gympie Regional Council and Florence Bell and others on behalf of the Wakka Wakka People #3.

This ILUA area is centered on the township of Goomeri and extends north along the Burnett Highway and south along the Kilcoy-Murgon Road, to a point east of Kingaroy.

The purpose of the ILUA is to provide consent for acts relating to local government developments in the ILUA area.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Agreement area:

The agreement area covers about 9386 sq km, centered on the township of Goomeri and extending 47km north along the Burnett Highway and 42 km south along the Kilcoy-Murgon Road, to a point about 47km east of Kingaroy. The Extract from the Register of Indigenous Land Use Agreements describes the ILUA area, per Schedule 2 of the ILUA as being within the land and waters of the native title determination application QUD621/2011.

Commencement:

The ILUA was binding from when all the parties signed the agreement. It began operating as an ILUA from registration on 13 December 2018.

Termination:

This agreement will continue to apply indefinitely unless it is canceled by the parties in writing.

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 this agreement.

Extinguishment

The parties agree that the non-extinguishment principle applies. This means that under s24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised by this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests. Instead, they are revived when the activities are finished. 

Future act provisions

The parties agree to certain acts being done by non-native title parties. These acts include:

• any activities which have a low native title impact, described in Schedule 6 of the ILUA attached below; and
  
• where the Gympie Regional Council has given notice and reached consensus with the native title party, any acts which have a high native title impact, described in Schedule 7 attached below.

The acts agreed to include any dealing, grant, approval, consent and agreement necessary to give effect to any construction or ground-disturbing activity.

Native Title in the ILUA Area:

The ILUA area is within the native title determination area considered in the application QUD621/2011 Wakka Wakka People #3 (NNTT File No. QC2016/003). This application is yet to be determined, as of 25 August 2020.

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