Greenvale Training Area Gugu Badhun Indigenous Land Use Agreement (ILUA)

The ILUA Area covers all the land and waters in an area south of Greenvale, in north-eastern Queensland. This area borders the boundaries of the Native Title Determination QUD80/2005 Gudjala People (QCD2014/006). Please see Schedule 2, attached, for a map of the ILUA Area.  

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 04/05/2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Greenvale Training Area Gugu Badhun 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;
• Ernest Michael Hoolihan, Harry Gertz, Zarda Kennedy, Hazel Illin and Elsie Thompson on behalf of the Gugu Badhun People #3; and
• the Gugu Badhun 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.

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 ILU, and in relation to the agreed future acts, from its registration date: 04/05/2021.

Right to negotiate

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

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 all activities, works and operations which may be undertaken for military training initiatives, including:

• the construction and operation of live fire;
• simulated and manoeuvre training facilities;
• weapons ranges;
• camp accomodation;
• fencing, telecommunications, quarrying, roads, landing and embarkation grounds; and
• other training facilities

However, this agreement does not include:

• new weapons testing;
• any Carbon Offset program which is not an Environmental Offset;
• or any activities prohibited by the international conventions listed in the extract, attached.

Native Title in the Area

The ILUA is located within the area of the Native Title claim, Gugu Badhun People #3 (NNTT no. QC2019/003, Federal Court File no. QUD777/2019).

Related Entries

Documents

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