Mardigan People Claim Resolution Indigenous Land Use Agreement (ILUA)

Quilpie and the surrounding area

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).

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.

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).

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