Woorabinda Independent High School Indigenous Land Use Agreement (ILUA)

Woorabinda

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 05/06/2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Woorabinda Independent High School Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between;

• Wadja Wadja Aboriginal Corporation for Education, and
• Lynette Gail Blucher, Lynette Ann Anderson, Lillian May Harrison, Rodney John Jarro, Margaret Jennifer Kemp and Kevina Fay Suey on their own behalf and on behalf of the Gaangali Nation People.

The purpose of the ILUA is to consent to the Woorabinda Shire Council granting an Aboriginal Trustee Lease over the ILUA area, for a period of 99 years, to allow the construction of a school and other associated buildings, and also to make improvements to existing infrastructure.

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 when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from it's registration date.

The Wadja Wadja Aboriginal Corporation may, at its absolute discretion, terminate this ILUA if:

• the Gaangalu Nation People doe not gain recognition of their native title over the ILUA area in a determination of the Federal Court; or
• another Aboriginal group obtains a successful determination of native title over the ILUA area.
  

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 any Future Acts for which the Native Title Party has given consent under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies. This means that under s 24EB(3) of the Native Title Act 1993 (Cth) 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, instead they are revived when the activities are finished.

Future act provisions:

The parties agree to the doing of certain acts, including;

• the Woorabinda Aboriginal Shire Council granting an Aboriginal Trustee Lease over the ILUA area to the Woorabinda Aboriginal Corporation, for a period of 99 years, for the purpose of a school; and
  
• the construction of the school and associated buildings and improvements including access road, Principal's residence, caretaker residence, stables, vocational training facilities, paddocks, and horticultural areas generally in accordance with the concept plans.
  

Native Title in the Agreement Area:

The ILUA area is within the area of the Gaangalu Nation People's application for a determination of native title (NNTT file no.: QC2012/009; Federal Court file no.: QUD33/2019).

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