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Gunggari People/Mt Maria North Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 December 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Chesterton Range National Park

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 126 sq km, located adjacent to the southwestern border of the Chesterton Range National Park, approximately 99 km northeast of Charleville, 81 km southeast Auguthella and 67 km northwest of Mitchell. Schedule 1 of the ILUA, attached below under documents, specifies the area as Lot 8 on SP281196. The area is within the jurisdiction of the Murweh Shire Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: QI2019/023.
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/023
Summary Information:

The Gunggari People/Mt Maria North Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Harry Sibun Perrett and Erica Jan Perrett (lessee), and the Gunggari Native Title Aboriginal Corporation RNTBC.

The purpose of the ILUA is to allow the native title party access to the pastoral lease area.

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 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. The ILUA will be terminated on the occurrence of any of the following events:

  • the lease term expires; or
  • 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 acts 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 which may be inconsistent with native title rights and interests do not extinguish these rights and interests.

Future act provisions:

The parties agree to the continuance of the lease over Lot 8 on SP281196 under the Land Act 1994 (Qld), including any renewal or extension of those leases or any leases that replaces those leases.

If the lessee elects to have the ILUA approved as an Indigenous Cultural Interest and registered, the terms in Part B of the ILUA (not contained in the NNTT Extract) will commence, and the lessee will given written notice to the native title party.

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).


Related Entries

Agreement
  • Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
  • Organisation
  • National Native Title Tribunal
  • Murweh Shire Council
  • Queensland South Native Title Services Limited
  • Gunggari Native Title Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Act 1994 (Qld)
  • People
  • Harry Sibun Perrett and Erica Jan Perrett - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/023 as at 10 December 2019 (Gunggari People/Mt Maria North ILUA). - ( 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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