Bularnu, Waluwarra and Wangkayujuru Peoples Urandangi Tenure Resolution Indigenous Land Use Agreement (ILUA)
|Date: ||11 October 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Urandangi township|
|The Agreement Area covers about 1.66 sq km over 12 portions, surrounding the Urandangi township in the State of Queensland.
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 October 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/029 |
|Subject Matter:||Land Use | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Bularnu, Waluwarra and Wangkayujuru Peoples Urandangi Tenure Resolution Indigenous Land Use Agreement (ILUA) was agreed between:
- the State of Queensland;
- Elizabeth Dempsey, Marlene Speechley, Charles Page, David Riley, Mavis Sarmardin and Thelma Parker on their own and on behalf of the Bularnu, Waluwarra and Wangkayujuru Peoples; and
- the Bularnu, Waluwarra and Wangkayujuru Peoplesí Aboriginal Corporation
on 11 October 2013.
The purpose of this Area Agreement is to provide clarity around tenure in the subject agreement area. Specifically, the Area Agreement provides consent by the parties to surrender a portion of land. |
|Detailed Information: |
|Details of the Agreement: Commencement
This ILUA was registered with the National Native Title Tribunal (NNTT) on 11 October 2013. The Agreement will commence upon the date of registration, being 11 October 2013 with some clauses commencing on the date of execution.
In regards to termination of the Agreement, Clause 3.3 states that the Agreement may be terminated by written agreement executed by each party.
Should termination of the Agreement occur, Clause 3.4 states that certain clauses will continue to apply concerning compensation, release and waiver and confidentiality.
Native Title Provisions
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply, as the alternative consultation provisions are to be followed instead in relation to to any of the consents contained in Clause 4 of the Agreement.
Clause 4.1 of the Agreement provides consent by the parties to:
(a) the Surrender; and
(b) agree to the validation of any invalid acts done on the Agreement Area prior to Registration
capable of validation in this Agreement, including, but not limited to:
(i) the Previous Grants [the grants of freehold tenure under the Land Act over Lot 106 on U4321
and Lot 107 on U4321]; and
(ii) any public works that were invalidly created for Native Title purposes on the Reserve.
In respect of the Surrender of native title, Clause 7.1 states that it is intended to "permanently extinguish any Native Title Rights and Interests that may exist in relation to the Surrender Area."
The Surrender Area is shown in the attached Schedule 3 of the Agreement.
Background to the Agreement:
Native Title in the ILUA Area.
The two formerly separate applications by the Bularnu, Waluwarra and Wangkayujuru Peoples were combined and accepted for registration on 10 July 2013. On 14 January 2013, the amended application was filed in the Court pursuant to a Federal Court order dated 21 December 2012 which gave the applicant leave to combine native title determination application QUD6115/1998 with native title determination application QUD6006/2002 and to further amend the application by reducing the area covered.|
|Elizabeth Dempsey & Ors on behalf of the Bularnu Waluwarra & Wangkayujuru People v State of Queensland & Ors (unreported, FCA, 27 May 2014, Mortimer J) |
|State of Queensland - Signatory|
|Bularnu Waluwarra Wangkayujuru Aboriginal Corporation RNTBC - Signatory|
|Native Title Act 1993 (Cth)|
|Native Title Amendment Act 1998 (Cth)|
|Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)|
|Mavis Sarmardin, David Riley, Marlene Speechley, Elizabeth Dempsey, Thelma Parker and Charles Page Jnr. on behalf of the Bularnu Waluwarra and Wangkayujuru Peoples #1 and Bularnu Waluwarra and Wangkayujuru Peoples #2. - Signatory|
|Bularnu, Waluwarra and Wangkayujuru Peoples Urandangi Tenure Resolution ILUA Map - ( PDF)|
|Bularnu, Waluwarra and Wangkayujuru Peoples Urandangi Tenure Resolution ILUA Surrender Area - ( PDF)|
|Bularnu, Waluwarra and Wangkayujuru Peoples Urandangi Tenure Resolution ILUA Extract - ( PDF)|
|Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (Australia) | Extinguishment (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)|