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

Category: Agreement
Date: 9 December 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

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.  

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as an area located south of Greenvale, in north-eastern Queensland. For details of the area see Schedules 1, 2 and 3 of the ILUA, attached below under documents. The area is within the jurisdiction of the Charters Towers Council.
Legal Status:

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).

Legal Reference: National Native Title Tribunal file no.: QI2020/020 04/05/2021
Subject Matter:Defence | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/020
Summary Information:

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.

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 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

Organisation
  • National Native Title Tribunal
  • Department of Defence - Signatory
  • North Queensland Land Council (NQLC)
  • Gugu Badhun Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gudjala People
  • Gugu Badhun People
  • Ernest Michael Hoolihan & others on behalf of the Gugu Badhun People #3 - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/020 as at 4/5/2021 (Greenvale Training Area Gugu Badhun 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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