Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders Indigenous Land Use Agreement (ILUA)
|Date: ||12 September 2011|
|Date To: ||28 June 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||In the vicinity of Cairns|
|This agreement covers about 80 square kilometres, located approximately 10 kilometres south east of Cairns and includes Gunjarra Island.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements. This is an authorised area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File Number: QI2011/054|
|Subject Matter:||Access | Future Act | Housing, Construction and Infrastructure | Land Planning | Land Settlement | Land Transaction | Local Government | Native Title|
|Summary Information: |
|The Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders Indigenous Land Use Agreement (ILUA) is an agreement between:
- the State of Queensland (applicant);
- Les Murgha and Charles Garling on their own behalf and on behalf of the Gunggandji People;
- Vincent Mundraby on his own behalf and on behalf of the Mandingalbay Yidinji People; and
- the Yarrabah Aboriginal Shire Council.
The agreement was made on 12/09/2011.
The purpose of this agreement is to provide the consent of the native title holders, the Combined Mandingalbay Yidinji Guggandji People, to the granting of 'rural residential' leases on an area of their traditional land.|
|Detailed Information: |
|Details of the Agreement
Most of the ILUA provisions commence at the date of execution, 12 September 2011, but Clause 5 of the ILUA commences at the date of registration, 28 June 2012.
The agreement ends two years after the commencement of Clause 5, on 28 June 2012.
Native Title parties' consent
The parties consent to the granting of 'rural residential' leases to particular 'Blockholders' and to the Blockholders' use and maintenance of existing forms of access to those lease areas.
The ILUA defines “Blockholder Party” as a person who executes a deed in the form contained in Schedule 2 of the ILUA.
The Native Title Parties agree that they will not object to the granting of leases over land in the ILUA area, or do anything that prevents or delays the granting of such leases.
The Native Title Parties only consent to the granting of a lease if:
- the lease meets the definition of 'rural residential' purpose.
- the lease area is less than the maximum allowable size.
- the proper processes for the granting of the lease have been followed.
- the Native Title Parties or their nominated entity give their consent or there is a consent determination.
"Rural Residential" is defined in Schedule 4, which is attached to the register extract.
Native Title in the ILUA Area
The Federal Court determination Mundraby & Ors on behalf of the Combined Mandingalbay Yidinji - Gunggandji Claim v State of Queensland (unreported, FCA, 21 September 2012, Dowsett J) recognised that native title exists over approximately 82 square kilometres of the Combined Mandingalbay Yidinji-Gunggandji People’s traditional land.|