Garawa People Wentworth Pastoral Indigenous Land Use Agreement (ILUA)
|Date: ||18 September 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||Burke Shire Council|
|The agreement area covers about 1294 sq km and is located adjacent to the Northern Territory/Queensland border, approximately 160 km north-west of Burketown.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 September 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/010|
|Subject Matter:||Access | Native Title | Pastoral Activities|
|Summary Information: |
|Garawa People Wentworth Pastoral Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Terrance Taylor and Jacky Green on their own behalf and on behalf of the Gangalidda and Garawa People (applicant);
- Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC as agent for and on behalf of the Garawa People; and
- Panoy Pty Ltd.
The purpose of this Agreement is to set out the terms of access to the Agreement Area, over which the Garawa People will gain access to and exercise the Native Title Rights and Interests.|
|Detailed Information: |
The Agreement commences on the Commencement date, specified by the Agreement Extract as 26 March 2015.
Subject to clause 8.4, the Agreement is to continue until:
(a) the date of expiry of the Lease term; or
(b) the date of surrender, resumption, forfeiture or termination of the Lease; or
(c) the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.
Clause 8.4 of the Agreement states that unless otherwise agreed, this Agreement will end with the valid extinguishment of Native Title over the whole of the Agreement Area.
Native Title in the Agreement Area
The Agreement area falls within the Garawa People native title determination.
By consent, a determination was made on 23 June 2010 (QC04/05 and QC95/03; Gangalidda and Garawa People v State of Queensland  FCA 646) recognising the Gangalidda and Garawa Peoples' native title rights over 5,810 sq km of land and waters, including exclusive native title rights over an Aboriginal Land Trust area and Aboriginal owned pastoral leases.|