Combined Mandingalbay Yidinji-Gunggandji People and Wanyurr Majay People Indigenous Land Use Agreement (ILUA)
|Date: ||28 June 2012|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Cairns|
|The ILUA area is located approximately 10 kilometres south east of Cairns and includes Gunjarra Island, Franklin Group National Park and Lot 4 on AP13713. Overall, it covers about 83 square kilometres of land. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 28 June 2012. This is an authorised area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File Number: QI2011/062|
|Subject Matter:||Cultural Heritage | Customary Law | Environmental Heritage | Management / Administration | Native Title | Recognition of Native Title or Traditional Ownership|
|Summary Information: |
|The Combined Mandingalbay Yidinji-Gunggandji People and Wanyurr Majay People Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Les Murgha, Charles Garling and Vincent Mundraby on their own behalf and on behalf of the Mandingalbay Yidinji Gunggandji People (applicant); and
- Annie Wonga, Andrew Miller, Mark Wilson, Monica Willis, Adrian Murray and Lillian Willis (Senior) on their own behalf and on behalf of the Wanyurr Majay People.
The purpose of this ILUA is to set out the relationship between between any Native Title Rights and Interests of the Mandingalbay Yidinji Gunggandji People and the rights of the Wanyurr Majay to engage in Traditional Activities.|
|Detailed Information: |
|Details of the Agreement
The ILUA commences on the latter of either the date of registration; that is, the 28 June 2012; or a determination.
The parties agree that subsections 24EB(1) and 24EBA(1) and (4) of the Native Title Act 1993 (Cth) relating to the effect of registration of Indigenous land use agreements do not apply to the ILUA area.
The National Native Title Tribunal has stated:
"The agreement concerns the relationship in the ILUA Area between any Native Title Rights and Interests of the Mandingalbay Yidinji Gunggandji People and the rights of the Wanyurr Majay to engage in Traditional Activities. The Parties have also agreed in relation to their conduct, the conduct of any Mandingalbay Yidinji Gunggandji People and Wanyurr Majay People in the future and the conduct of any Prescribed Bodies Corporate or Registered Native Title Body Corporate in relation to either the Mandingalbay Yidinji Gunggandji People or the Wanyurr Majay People so as to bind each of those entities to preserve the relationship under this Agreement between the said Native Title Rights and Interests and the said rights to engage in any Traditional Activities .]"
Native Title in the ILUA area
In terms of the Wanyurr Majay People, their native title was recognised in a consent determination on the 31st of August 2011 (Wonga on behalf of the Wanyurr Majay People v State of Queensland  FCA 1055). Their native title was recognised over an area in the vicinity of Mt Bellenden Ker which covers part of the Wooroonooran National Park and surrounding areas. The consent determination recognised the rights of the Wanyurr Majay people to use the land for hunting, fishing and gathering purposes and to conduct ceremonies and carry out cultural activities.
In terms of the Mandingalbay Yidinji Gunggandji people, their native title was recognised in a consent determination by the Federal Court of Australia on 24 April 2006. Their native title was recognised in sections of Grey Peaks National Park, Malbon Thompson Forest Reserve, Giangurra Reserve and in certain lots adjacent to Trinity Inlet and Red Bank Creek near Cairns in far north Queensland.|