Jangga People/Plath Indigenous Land Use Agreement (ILUA) |
| Date: | 27 March 2009 | |
| Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) |
| Place: | North north-west of Clermont |
| State/Country: | Queensland, Australia |
| The area covered by this Indigenous Land Use Agreement (ILUA) comprises approximately 54 hectares of land known as Lot 4 BL9. The ILUA area is situated about 83 kilometres north-northwest of Clermont in the state of Queensland. It falls within the jurisdiction of the Isaac Regional Council. |
| |
| Legal Status: | National Native Title Tribunal File No. QI2007/027 | |
| Legal Reference: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 March 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth). | |
| Subject Matter: | Native Title - Extinguishment | Pastoral Activities |
| URL: | http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2007/QI2007.027/ILUARegisterExport.pdf | |
| Summary Information: | |
| The Jangga People/Plath Indigenous Land Use Agreement (ILUA) was agreed between the following parties:
- the State of Queensland;
- Martin John Plath, Evelyn Plath and Stephen John Plath; and
- Colin McLennan and others on their own behalf and on behalf of the Jangga People.
The purpose of this ILUA is to provide consent for the surrender and subsequent extinguishment of native title in the ILUA area. The ILUA is also intended to provide consent to the inclusion of this area in Grazing Homestead Freeholding Lease (GHFL) 12/2520. |
| Detailed Information: | |
| Pursuant to this ILUA, the parties give their consent to the following:
- the surrender of native title rights and interests in the ILUA area, which is to take effect upon the registration of this ILUA;
- the subsequent extinguishment of any native title that may exist in the ILUA area; and
- the inclusion of the ILUA area in GHFL 12/2520.
The native title parties, being Colin McLennan and others on their own behalf and on behalf of the Jangga People, also agree that they will not object to the surrender of native title in the ILUA area, nor to the inclusion of the ILUA area in GHFL 12/2520. They will also not do or omit to do any act that could prevent or delay the surrender of native title or the inclusion of the ILUA area in GHFL 12/2520.
Provisions relating to Queensland law and the exercise of discretion by the State
The ILUA area will only be included in GHFL 12/2520 if the State of Queensland is satisfied, in its absolute discretion, that such a move is allowable under Queensland law.
Furthermore, the inclusion of the ILUA area in the Grazing Homestead Freeholding Lease will be subject to the exercise of any discretion or the making of any decision for which provision has been made under Queensland law. Nothing in this ILUA is intended to act as an agreement, a fetter or an estoppel with respect to the exercise of a discretion or the making of a decision under Queensland law with respect to the ILUA area.
Native title in the ILUA area
The Jangga People have lodged a registered claimant application for a determination of native title over 20,350 square kilometres of land in central Queensland, which includes the ILUA area. The claim was filed as proceeding QUD 6230 of 1998 with the Federal Court of Australia on 2 April 1998. The Jangga People's claim remains active, and is now in mediation.
While their native title claim has not yet been finalised, the Jangga People have also entered into an Indigenous Land Use Agreement with the Charters Towers Regional Council, the Isaac Regional Council and the Whitsunday National Council. This ILUA was signed on 19 July 2010, and included the formal recognition of the Jangga People as the traditional owners of 20,700 square kilometres of land in the vicinity of Mt Coolon. | |
