Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda People/Monte Christo Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the Agreement, as covering all land and waters within lot 11 on plan CP860464, lot 11 on plan SP25786, and lot 5 on CP860403.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 3 May 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda People/Monte Christo Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

• Monte Christo Pty Ltd;
• QRE Pty Ltd; and
• Kerry Blackman, Dean Sarra, Lurleen Blackman, Richard Johnson, Nathaniel Minniecon, Matthew Cooke and Neville Johnson.
  

The agreement area covers about 43 sq km, consisting of 2 areas on Curtis Island.

The purpose of the agreement is to consent to the exercise of native title rights and interests in the agreement area, whilst the area is also subject to a resort lease for tourism purposes.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Agreement area:

The agreement area consists of 2 parcels of land on Curtis Island, which combined are approximately 43 sq kms. Schedule 1 describes the area as including all the land and waters within:

• lot 11 on plan CP860464 (covered by the Resort Lease);
• lot 11 on plan SP257867 (covered by the Marine Park Plain Facility Lease); and
• lot 5 on plan CP860403, being the area subject to southeastern severance of lot 532 on plan NPW700 (covered by the lease over the Conservation Park).

For a depiction of the agreement area see the map included in the attached schedule 1.

Commencement:

This agreement commenced operating on the date of the Federal Court of Australia ('FCA') determination of Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (no 3) [2017] FCA 1637, that being the 28 November 2017.

Termination:

This agreement will continue operating until one of the following events occurs (whichever occurs first):

• the term of tourism lease over the area expires; or
• the tourism lease over the area is surrendered, terminated or forfeited; or
• the ILUA is removed from the Register of Indigenous Land Use Agreements.
  

Native Title Provisions:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply to this agreement and the agreement area.

The non-extinguishment principle applies to this agreement, such that this agreement does not extinguish the native title rights and interests in the area.

The parties agree to the native title holders having access to the areas subject to the 'low-key' tourism leases held by QRE Pty Ltd and Monte Christo Pty Ltd.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia proceeding Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Teribelang Bunda People v State of Queensland (no 3) [2017] FCA 1637. (FCA File No.: QUD6062/2001, NNTT File No.: QCD2017/010.

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