Gangalidda and Garawa Peoples Cliffdale Pastoral Lease Indigenous Land Use Agreement (ILUA)
|Date: ||23 June 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Northwest of Burketown|
|The area covered by this Indigenous Land Use Agreement (ILUA) comprises around 1,711 square kilometres of land in the vicinity of Hells Gate in the state of Queensland. It is located north northwest of Doomadgee and northwest of Burketown, and falls within the jurisdiction of the Burke Shire Council.|
|Legal Status: ||National Native Title Tribunal File No. QI2010/026|
|Legal Reference: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). |
|Subject Matter:||Land Use | Native Title | Pastoral Activities|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) was agreed between the following parties:
Murray Walden Jnr and others on behalf of the Gangalidda and Garawa Peoples;
Gangalidda and Garawa Native Title Aboriginal Corporation;
William Archibald Olive and McRae Investments Pty Ltd; and
Carpentaria Land Council Aboriginal Corporation.
The purpose of this ILUA is to provide consent for the issuing of a term lease over the land covered by and immediately surrounding the Hells Gate Roadhouse. |
|Detailed Information: |
|Commencement and termination of this ILUA
This ILUA commenced on the 23 June 2010, when a consent determination of native title was made in favour of the Gangalidda and Garawa Peoples.
Unless it is lawfully terminated at some earlier date, this ILUA will terminate either on:
The surrender, resumption or termination of the lease;
The determination that a native title right to possession and occupation of the ILUA area to the exclusion of all others is in existence; or
The ceasing to exist of native title in the whole of the area subject to the lease.
Terms of the lease
Pursuant to this ILUA, the Gangalidda People consent to the issue of a single term lease over the Hells Gate Roadhouse for commercial and business purposes. The lease will be issued on the following terms:
The term lease must only be for the purposes of a roadhouse or motel;
The term of the lease must not exceed 30 years;
The area of the lease must not exceed 10 hectares, with the exact area to be determined with the agreement of the Gangalidda People;
The location of the lease must be in the vicinity of the existing Hells Gate Roadhouse;
The location of the lease must not result in a restriction of access to either existing tracks or to the remains of Cliffdale Station.
Furthermore, the parties agree that the non-extinguishment principle in s 238 of the Native Title Act 1993 (Cth) will apply to the issue of the lease. This means that an act that would otherwise result in the extinguishment of native title rights in the ILUA area (such as the grant of a lease) will not have this effect. Instead, native title rights will merely be suspended to the extent of any inconsistency with non-native title rights for the duration of the act in question.
Native title in the ILUA area
The ILUA area falls within the Determination Area of native title made in the Gangalidda and Garawa Peoples consent determination, which was handed down by the Federal Court of Australia on 23 June 2010. This determination covered land and waters that were actually subject to two native title claims, with the court concluding that the Gangalidda and Garawa Peoples hold native title rights and interests over around 5,810 square kilometres of land and waters in Far North Queensland.
The Gangalidda and Garawa Peoples' native title rights were recognised as being exclusive with respect to 1,860 square kilometres of Aboriginal Land Trust territory, and non-exclusive with respect to 3,950 square kilometres of land that was mostly pastoral. This ILUA is one of two pastoral agreements that have been negotiated with the Gangalidda and Garawa Peoples in order to clarify the relationship between these pastoral interests and the newly-recognised native title rights. As stated in a media release by National Native Title Tribunal Member Graham Fletcher, these ILUAs are intended to draw a balance between allowing the practice of traditional law and custom to go ahead, and enabling the pastoralists to continue with their own commercial activities.|