Gangalidda & Garawa People #2 and Burketown Land Exchange Indigenous Land Use Agreement (ILUA)
|Date: ||26 May 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Located in the vicinity of Burketown|
|The Agreement Area covers about 220 sq km and is located in the vicinity of Burketown and north-east to Kangaroo Point, in the state of Queensland.
Aboriginal Land ActArea is defined in Schedule 4, thought is not provided as an attachment to the Extract.
The "Lease Area" is defined as that part of Lot 3234 on PH788.
The "Surrender Area" is defined as the lots, and parts of lots, defined in Part A of Schedule 3 (see attached.) This includes the State Area and the Gangalidda Freehold Area. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2015/002|
|Subject Matter:||Land Settlement | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Gangalidda & Garawa People #2 and Burketown Land Exchange Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- the State of Queensland;
- Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa People #2;
- Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC; and
- Burke Shire Council.
The Agreement relates to the surrender of native title rights and interests within a specified area. |
|Detailed Information: |
The Agreement was registered with the Register of Indigenous Land Use Agreements on 26 May 2015 and specifies the start date of the Agreement as 16 December 2014.
The Extract does not specify an end date for the agreement, rather stating that it will continue indefinitely.
Clauses 5, 8 and 19 commence on the Date of Registration, being 26 May 2015.
The Agreement can be terminated by written agreement by the parties. If termination occurs after the Date of Registration on 26 May 2015, or if the Agreement is otherwise removed from the Register, any Future Acts or Surrender having taken effect will not be invalidated.
Native Title Provisions
The Agreement provides consent for the doing of certain Future Acts, including the Surrender of native title rights and interests.
Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa People #2, as the Native Title Party, consent to:
- the Surrender of an identified area of land;
- the grant of Aboriginal Land over the Aboriginal Land Act Area and the Lease area to the Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC;
- the revocation, creation or amendment of the Reserves;
- management and doing of any Future Acts within the Reserves;
- the grant of a lease over part of Lot 122 on PC 12;
- the validation of any Future Acts; and
- the dedication of all roads.
The Non-Extinguishment principle applies to dealings within Clause 5. The Extract does not substantiate this Clause except to identify it as containing provisions relating to consents.
The Surrender will permanently extinguish any Native Title Rights and Interests extant in the Surrender Area.
Surrender (excluding the Future Development Area) takes effect upon Registration, being 26 May 2015.
The surrender of the Future Development Area will occur immediately before the issue of a deed of grant for that area.
Right to Negotiate
The Right to Negotiate under section 24EB(1)(c), Part 2 Division 3 of Subdivision P of the Native Title Act does not apply.
Native Title in the ILUA Area
In 2010, the Federal Court of Australia held in Gangalidda and Garawa People v State of Queensland  FCA 646 that native title exists over parts of the determination area.|