Kullilli People/Dynevor Downs Indigenous Land Use Agreement (ILUA)
|Date: ||2 July 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Thargomindah|
|The Agreement Area covers about 137 sq km, located about 20 kilometres east of Thargomindah in the State of Queensland.
The Agreement Area covers all the land and waters within that part of Lot 8 on CP892351 (Dynevor Downs Pastoral Holding) located within the Native Title Determination Application QUD80/2009 Kullilli People (QC2009/001). |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 December 2014. This is a Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2014/0523|
|Subject Matter:||Access | Native Title | Pastoral Activities|
|URL: ||Located in the vicinity of Thargomindah|
|Summary Information: |
|Kullilli People/Dynevor Downs Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Michael Gibson and Marie Therese Gibson; and
- Paola Smith, Peter White, Ronny Watson, Stephen Hagan, Brenda Fisher, Kayleen Hopkins, Elizabeth McAvoy and Judith Conlon on behalf of the Kullilli People.
The purpose of the Agreement is not specified in the Extract, however from the brief information available it appears to provide consent from parties for the granting of a pastoral lease within the Agreement Area. |
|Detailed Information: |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 5 December 2014.
The Extract does not provide a specific start or end date for the Agreement.
The Extract does, however, state that the Agreement will be effective from the date of determination of Native Title in favour of the Kullilli People, being 2 July 2014.
The Agreement will remain operative unless and until one of the following occur:
(a) the Lease term expires; or
(b) surrender, resumption, forfeiture or termination of the Lease; or
(c) the Agreement is removed from the Register of Indigenous Land Use Agreements.
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 Agreement Area covers all the lands and waters within the external boundary of the Kullilli People Native Title Determination (QC2009/001; QUD80/2009), as accepted for registration 19th October 2011.
On 2 July 2014 in the Federal Court decision in consent determination Smith on behalf of the Kullilli People v State of Queensland  FCA 691 it was found that native title exists in the entire determination area.