Gugu Badhun People/ Kallanda Indigenous Land Use Agreement (ILUA)
|Date: ||27 February 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement covers about 269 square kilometres, located approximately 40 kilometres southwest of Ingham.
The agreement area includes all land and waters within Lot 4 on CP WU52 (Kallanda Pastoral Holding) located within the Native Title Determination Application QUD85/05 Gugu Badhun People 2 (QC05/07).|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2012/114|
|Subject Matter:||Native Title | Native Title - Extinguishment|
|Summary Information: |
|This Indigenous Land Use Agreement (ILUA) is between:
- Lachlan Alexander Thomason and Penelope Ann Milton-Thomason; and
- Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy & Elsie Thompson on behalf of the Gugu Badhun People #2; and
- Gugu Badhun Aboriginal Corporation (BC and RNTBC).
The National Native Title Tribunal (NNTT) has released limited information regarding the ILUA. The section released deals with commencement and termination of the ILUA.|
|Detailed Information: |
|Details of the Agreement
Commencement of the ILUA
The ILUA was registered on 27 February 2013. The extract does not specify a start date for the ILUA or a specific end date.
However, the ILUA states that it comes into force on the date of a determination of native title. The Gugu Badhun People native title determination was registered and took effect from 1 August 2012. The decision of Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland  FCA 800 results in full determination of native title. The Agreement Area the subject of this ILUA falls within the land over which native title was granted in this decision and therefore it can be assumed that the ILUA entered into effect on 1 August 2012.
According to clause 5.1 of the Agreement, the agreement continues until:
- the date of expiry of the Lease term; or
- the date of surrender, resumption, forfeiture or termination of th Lease; or
- the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.
The Agreement will also terminate:
- if a Determination recognising the right to possession and occupation of the Agreement Area, to the exclusion of all others is granted [section 5.4(b)].
- with the valid extinguishment of Native Title over the whole of the Agreement Area [section 5.5].
However, in accordance with section 5.8 the Agreement will not terminate if:
- the Lease has expired but an application for renewal or other action has been made;
- certain land dealings result in a new lease being issued;
- the Lease or part of the Lease is converted to a protected area tenure.
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), and so the consequences set out under these sections are not triggered by this agreement.
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
The Gugu Badhuan native title determination was recognised in Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland determination. The consent determination was handed down in a Federal Court hearing on 1 August 2012 by Justice John Logan. The determination recognises the Gugu Badhun's ownership of an area of 6,540 square kilometres, located approximately 40 kilometres west of Ingham, Queensland. The determination recognises the Gugu Badhun People’s exclusive and non-exclusive native title rights to:
- the right to take, use, share and exchange traditional natural resources from the area for personal, domestic and non-commercial communal purposes;
- the right to conduct cultural and spiritual activities and ceremonies on the area; and
- the right to maintain places of importance and areas of significance to the native title holders under their traditional laws and customs.