The area covers approximately 30 hectares, consisting of 10 unallocated parcels of State land, located in the vicinity of the Bruce Highway, and within 20 kilometers of Cardwell, Queensland. The area is located from Cardwell to Bilyana and the Murray Upper area, approximately 185 kms south of Cairns. The 10 unallocated parcels of land consist of a land exchange lot, a revenue share lot and lots transferred to the Girramay People Aboriginal Land Corporation, under the Aboriginal Land Act 1991 (Qld) ('the ALA').
The land exchange lot is described as part of Lot 8 on SP122539 (for greater detail see attached schedule 2).
The revenue share lot is described in attached schedule 3 as lot 57 on SP126362.
The remaining lots of the ILUA, to be transferred as ALA lots for reserve purposes, are as follows:
- Lot 122 of CWL3010;
- Lot 167 of SP210297;
- Lot 171 of CWL3596;
- Lots 172, 173 and 174 of CWL3318; and
- Lots 3 and 4 of CI0412.
The procedural clauses of the agreement commenced on the date which the last party executed the agreement. The ILUA is effective from the date it was registered with the National Native Title Tribunal (NNTT) on the 8 January 2019.
This agreement will continue without limit unless it is terminated by written agreement executed by the parties, subject to the terms of the agreement.
Native Title Provisions:
Right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any of the agreed acts or to the surrender of native title.
The agreement includes a statement to the effect that the surrender is intended to extinguish the native title rights and interests in the land exchange lots and revenue share lots. This means that, under s 24EB(1) of the Native Title Act 1993 (Cth), the parties agree that from the date of registration on the 8 January 2019, the native title rights and interests in the land exchange lots and revenue share lot (detailed further in attached schedules 2 and 3) are permanently extinguished.
However, the non-extinguishment principle applies to the agreed acts in the remaining areas of the ILUA, set out below.
Future act provisions
The parties consent to the validation of acts done in conflict with native title rights and interests ('acts done invalidly') prior to or on the date that the last parties signs the ILUA (the 'execution date').
The have agreed to do the following acts:
- the dedication of the Reserves;
- the existing uses of the Reserve areas;
- the appointment of the Girramay People Aboriginal Corporation as trustees of the Reserves in accordance with Schedule 5 (not included in the extract);
- the grant of any lease, permits, easement or other interests over the Reserve areas; and
- all other uses and activities over the Reserve areas that are consistent with the purposes of the Reserves.
Native Title in the Agreement Area:
This agreement is located within the native title determination area of the Federal Court of Australia ('FCA') proceeding Muriata on behalf of the Girramay People #2 v State of Queensland  FCA 1120. (FCA File No.: QUD741/2015, NNTT File No.: QCD2018/003).