Jangga/Wyarra (aka Why Not) Indigenous Land Use Agreement (ILUA)
|Date: ||25 November 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Mount Coolon |
|The Agreement Area covers about 455 sq km approximately 10 km northeast of Mount Coolon in the State of Queensland.
The Agreement Area includes all land and waters within the Wyarra (aka Why Not) Pastoral Holding (Lot 3615 on CP PH681). The Area falls within Native Title determination application QUD6230/98 Jangga People (QC98/10). |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 November 2013. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth). |
|Legal Reference: ||National Native Title Tribunal File No.: QI2013/057|
|Subject Matter:||Access | Native Title | Pastoral Activities|
|Summary Information: |
|The Jangga/Wyarra (aka Why Not) Indigenous Land Use Agreement (ILUA) was agreed between:
- Stephen John Plath and Jennifer Maria Plath (applicant); and
- Bulganunna Aboriginal Corporation
on 25 November 2013.
The purpose of this Body Corporate ILUA is to grant consent regarding pastoral activities within the Agreement Area. |
|Detailed Information: |
|Details of the Agreement
The ILUA was registered with the National Native Title Tribunal (NNTT) on 25 November 2013.
The Extract does not specify specific start or end dates for the Agreement.
However, the Extract does note that the Agreement takes effect on the Date of Determination of Native Title in favour of the Jangga People, being 9 October 2012.
The Agreement will continue in effect until:
(a) the Lease term expires; or
(b) the date of surrender, resumption, forfeiture or termination of the Lease; or
(c) the date upon which the Agreement is removed from the Register of ILUAs.
The Extract does not include extensive information regarding the terms of the Agreement.
Native Title Provisions
The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).
This means that the ILUA does not:
- provide consent for the doing of any acts by
non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native Title in the ILUA Area
On 9 October 2012, the Federal Court of Australia recognised the Jangga People’s Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland. The decision of McLennan on behalf of the Jangga People v State of Queensland  FCA 1082 effectively reaffirms the Jangga People’s affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.|