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Mardigan People Claim Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 April 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Quilpie and the surrounding area

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as about 15,403 sq km in the area surrounding Quilpie. For details of the area see Schedule 1 and 2 of the ILUA attached below under documents. The area is within the jurisdiction of the Murweh Shire Council, the Quilpie Shire Council, and the Paroo Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 1 October 2019. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/011
Subject Matter:Cultural Heritage | Future Act | Land Settlement | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/011
Summary Information:

The Mardigan People Claim Resolution Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Daphne Jackson and Brian Shillingsworth on their own behalf and on behalf of the Mardigan People;
  • the Margany Traditional Owners Aboriginal Corporation, and
  • the State of Queensland.

The purpose of the ILUA is to provide consent for the extinguishment of any native title in the ILUA area, to establish an Aboriginal Cultural Reserve, and to transfer freehold land to the Margany Traditional Owners Aboriginal Corporation.

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

Detailed Information:

Details of the Agreement

Commencement and Termination:

The ILUA is binding from the date it was signed by all parties, 24 April 2019. It operates as an ILUA, and in relation to the agreed acts, from its registration on 1 October 2019. The ILUA continues in perpetuity.

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.

Extinguishment:

The parties agree that the Mardigan People's surrender of any native title in the ILUA area is intended to permanently extinguish that native title.

Future act provisions:

The parties consent to:

  • the validation of any acts done by the State prior to 24 April 2019 that are inconsistent with native title rights and interests;
  • the surrender of native title over the ILUA area;
  • the transfer of the freehold Aboriginal Land Act lots (identified in Schedule 6 and 7, but unavailable here) to the Margany Traditional Owners Aboriginal Corporation, subject to the approval of the Minister under the Aboriginal Land Act 1991 (Qld);
  • the dedication of the Reserve for Aboriginal and Cultural purposes over the Reserve area (identified in Schedule 8, but unavailable here);
  • the appointment of the Margany Traditional Owners Aboriginal Corporation as the trustee of the Reserve;
  • the grant of any leases, permits, easements or other interests over the Reserve area for a purpose consistent with the Reserve; and
  • all other uses and activities over the Reserve area that are consistent with the purposes of the Reserve.

Native Title in the Agreement Area

The ILUA area is within the determination area of Anderson on behalf of the Mardigan People v State of Queensland (FCA file no.: QU7/2019; NNTT file no: QCD2007/001).


Related Entries

Agreement
  • Anderson on behalf of the Mardigan People v State of Queensland [2019] FCA 2140
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Margany Traditional Owners Aboriginal Corporation - Signatory
  • Queensland South Native Title Services Limited
  • Murweh Shire Council
  • Quilpie Shire Council
  • Paroo Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • People
  • Mardigan People
  • Daphne Jackson and Brian Shillingsworth on their own behalf and on behalf of the Mardigan People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/011 as at 17/06/2020 (Mardigan People Claim Resolution ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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