Back to search results

printable versionPrint this page

Woorabinda Independent High School Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 June 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Woorabinda

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as covering Lease WW on SP 313430 in Lot 135 on SP 268500. It is an area of approx 127.4 ha; located between Munns Drive and Mimosa Creek about 700m north west of the township of Woorabinda. For details of the area see Schedule 1 attached below under documents. The area is within the jurisdiction of the Woorabinda Aboriginal Shire Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: QI2019/031
Subject Matter:Education | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/031
Summary Information:

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.

Detailed Information:

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).


Related Entries

Organisation
  • National Native Title Tribunal
  • Woorabinda Aboriginal Council
  • Queensland South Native Title Services Limited
  • Wadja Wadja Aboriginal Corporation for Education - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Lynette Gail Blucher and others (the Gaangalu Nation People Applicant) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/031 as at 17/06/2020 (Woorabinda Independent High School 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) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey