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Greenvale Training Area Gudjala Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 November 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Northern Queensland, west of Townsville

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 2,025 sq km, consisting of multiple areas located about 46km north and 140km northwest of Charters Towers. For details of the area see Schedule 1 and Schedule 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Charters Towers Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 May 2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/019
Subject Matter:Access | Defence | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/019
Summary Information:

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

  • the Commonwealth of Australia acting through the Department of Defence;
  • Elizabeth Santo and Gloria Santo; and
  • Ngrragoonda Aboriginal Corporation RNTBC.

The purpose of the ILUA is to facilitate activities, works and operations which may be undertaken for military training initiatives, and other acts necessary or incidental to give effect to those activities.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding from 25 November 2021. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 4 May 2021.

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 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 that acts done between 25 November 2020 and 4 May 2021 are valid for the purposes of the Native Title Act 1993 (Cth).

The parties also agree to the doing of the project, the grant and implementation of the project rights and other acts necessary or incidental to give effect to the project.

The project means all activities, works and operations which may be undertaken for military training initiatives, including the following:

  • The construction and operation of live fire
  • Simulated and manoeuvre training facilities
  • Weapons ranges
  • Camp accommodation
  • Fencing
  • Telecommunication equipment
  • Quarrying
  • Roads
  • Landing and embarkation grounds
  • Other training facilities

The project does not include:

  • Convention Regulated Activities 
  • any Carbon Offset Program that is not an Environment Offset
  • New Weapons Testing

See the Extract for a more detailed description of these activities and rights.

Native Title in the Agreement Area

The ILUA area is partly within the area of the native title determination Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231. (FCA file no.: QUD80/2005, NNTT file no.: QCD2014/006)


Related Entries

Agreement
  • Elizabeth Dodd & Ors on behalf of the Gudjala People Core Country Claim #1 v State of Queensland & Ors (No. 3) [2014] FCA 231
  • Organisation
  • National Native Title Tribunal
  • Charters Towers Regional Council
  • Ngrragoonda Aboriginal Corporation RNTBC - Signatory
  • North Queensland Land Council (NQLC)
  • Department of Defence - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Elizabeth Santo and Gloria Santo - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/019 as at 4/5/2021 (Greenvale Training Area Gudjala ILUA) - ( 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

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