Gunggari People/Hillside Indigenous Land Use Agreement (ILUA)

Hillside State Forest

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 December 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Guggari People/Hillside Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Warren Gavin Wilson and Susan Fae Wilson, and the Gunggari Native Title Aboriginal Corporation RNTBC.

The purpose of the ILUA is to agree to the operation of a pastoral lease in the ILUA area.

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 signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 10 December 2019. This ILUA will terminate if:

• the lease term expires;
• the lease is surrendered, re-assumed, forfeited or terminated; or
• the ILUA is removed from the Register of Indigenous Land Use Agreements.
  

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 the activities agreed to by this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA that may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions:

The parties agree to the maintenance of the lease made under the Land Act 1994 (Cth) over Lot 6 on BDR97, including any renewal or extension of the lease or any new lease that replaces it.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402. (FCA file no.: QUD19/2019, NNTT file no.: QCD2019/005).

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