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Tangalooma Indigenous Land Use Agreement

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

Moreton Island

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as 0.7 sq. km consisting of two land parcel, being on SL11788 and Lot 19 of SP106585 located on western coastline of Moreton Island approx 800 m north and300 m south west of Tangalooma. For details of the area see Schedule 1 and 2 attached below under documents. The area is within the jurisdiction of the Brisbane City Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 May 2020. This is an authorised Area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/028
Subject Matter:Economic Development | Future Act | Native Title | Native Title - Extinguishment | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/028
Summary Information:

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

  • State of Queensland- Department of Natural Resources, Mines and Energy;
  • Quandamooka Yoolooburrabee Aboriginal Corporation RNBTC;
  • Robert Anderson on his own behalf and on behalf of Quandamooka People; and
  • Tangalooma Pty Ltd.

The purpose of the ILUA is to allow for Tangalooma Pty Ltd to lease two land lots for a tourist resort. This includes the extinguishing of native title and the granting of Aboriginal Land over the 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 when signed by all parties. It has effect as an ILUA, and in relation to its agreed facts from the registration date.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions from Native Title Act 1993 (Cth) do not apply.

Extinguishment:

The parties agree that the native title rights and interests over Lot 19 on SP106585 (formerly described as Lot 19 on SL11787) are permanently extinguished.

Future act provisions:

The full details of the ILUA's terms are not available in the Extract, but Schedule 6 of the ILUA (attached below) shows that the parties agree to the following acts:

  • surrender and extinguishment of native title rights and interests as above;
  • the validation of any acts done by the State invalidly in the LUA area prior to this ILUA;
  • the registration of an access easement over the Easement Area, providing access to Lot 41 on SL5141;
  • the State and Tangalooma entering into a deed of indemnity;
  • the State and Tangalooma entering into the Available State Land Agreement;
  • any grant of Aboriginal Land over the lease areas;
  • the grant of leases to Tangalooma over the lease areas;
  • Tangalooma's use and management of the lease areas, according to the terms of the leases; and
  • all acts necessary to implement or incidental to the above acts.

Native Title in the Agreement Area:

The ILUA area is within the Area of native title determination Anderson on behalf of Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (No.2) [2019] FCA 2001 (NNTT No. - QCD2019/007; Federal Court No. - QUD601/2014).


Related Entries

Agreement
  • Anderson on behalf of Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (No.2) [2019] FCA 2001 IN PROGRESS
  • Organisation
  • National Native Title Tribunal
  • The State of Queensland represented by the Department of Natural Resources, Mines and Energy - Signatory
  • Tangalooma Pty Ltd - Signatory
  • Brisbane City Council
  • Queensland South Native Title Services Limited
  • Quandamooka Yoolooburrabee 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)
  • People
  • Quandamooka People
  • Robert Anderson on his own behalf and on behalf of the Quandamooka People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/028 - ( PDF | 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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