Yuwibara People Interim Indigenous Land Use Agreement (ILUA)

North Coast

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 July 2020. This is an authorised area agreement agreement under the Native Title Act 1993 (Cth).

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

• the State of Queensland (acting through the Department of Natural Resources, Mines and Energy);
• Gary Andrew McDermott;
• Mackay Regional Council;
• Matthew McDonnell, Jennifer Van Der Starre, Irene Adams, Hayley Mann, Madeline Jones, Bernard Tonga and Pamela Young;
• Melanie Roseveen Kemp on her own behalf and on behalf of the Yuwibara People;
• Norman George Ladley and Sharon Lillian Ladley; and
• the Yuwi Aboriginal Corporation.
  

The purpose of the ILUA is to provide consnet for the granting of permits to occupy parts of the ILUA area for various purposes, including grazing, agriculture, community use, and environmental. The ILUa also provides for the dedication of three Reserve areas.

The Native Title Representative Body for this area is North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Details of the Agreement:

Commencement and Termination:

The ILUA commences from the date that it is signed by all the parties. It commences as an ILUA, and in relation to the agreed future acts, upon its registration.

The ILUA may be terminated by the written agreement of:

• the parties if the native title determination has not yet taken affect;
  
• the Yuwi Aboriginal Corporation once it is the Registered Native Title Body (RNTBC) for any part of the ILUA area, and all the other parties (that are not the native title party or the other native title claimant party); or
  
• the Federal Court has ordered that the iLUA be removed from the Register of Indigenous Land Use Agreements.
  

If the parties are unable to agree that the ILUA has expired in whole or in part, any dispute is to be resolved under clause 15 of the ILUIA. Clause 15 is not included in the ILUA.

If the ILUA expires, is terminated, or removed from the Register after the registration date, this does not affect any rights or obligations that flow from the validity of the ILUA while it was registered.

Native Title Provisions:

Right to negotiate:

The right to negoatiate provisions of the Native Title act 1199 (Cth) apply.

Extinguishment:

The non-extinguishment principle applies. This means that any of the agreed future acts that may be in conflict with native title rights and interests will not extinguish those native title rights, instead they will be revived when the acts have finished.

Future act provisions:

The parties consent to:

• MacKay Riding School for the Disabled Association being granted a permit to occupy, for grazing purposes, the part of Lot 1 on AP22276 (described as Lot 1 on AP10082;
• the extension of the term of the Salvation Army (Queensland) Property Trust's lease over the part of Lot 502 on SP112980 for up to 2 years following the registration date, but excluding the area formerly described as Lot 502 on CI3595;
• the granting of a permit to occupy to Norman George Ladley and Sharon Lillian Ladley over LOt 132 on USL4444 for agricultural purposes;
• the granting of a permit to occupy to Gary Andrew McDermott over Lot 71 on USL37679 for agricultural purposes;
• the grant of a permit occupy over Lot 2 on AP22022 for community purposes;
• a permit to occupy over Lot 1 on AP2024 within LOt 83 on USL3922 for the purpose of the disposal of refuse;
• the dedication of a Reserve for a Park for the part of Lot 291 on C124552, excluding an area subject to public works. For more details see Schedule 3 of the ILUA attached below under documents;
• the dedication of a Reserve over Lot 70 on Sp150994 for environmental purposes;
  
• the dedication of a Reserve over Lot 12 on SP150994 for environmental purposes; and
• any variation of the ILUA that the Yuwi Aboriginal Corporation consnets to under the Native Title (Prescribed Bodies Corporate) REgulations 1999 (Cth).
  

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Mooney on behalf of the Yuwibara People v State of Queensland [2020] FCA 170 (FCA file no.: QUD12/2019; NNTT file no.: QCD2020/001)

Related Entries

Documents

Glossary