Gunggari/Myrtleville Indigenous Land Use Agreement (ILUA)

Date: 10 December 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Northwest of Roma

State/Country:Queensland, Australia
The ILUA covers an area of about 124 sq km located approximately 134 km south of Springsure, 52 km north west of Injune, and 123 km north east of Mitchell. The area is within the jurisdiction of the Maranoa Regional Council
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 10 December 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/025
Subject Matter:Access | Land Use | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/025
Summary Information:

The Gunggari People/Myrtleville Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Henry Richard Thomas Whitton and the Gunggari Native title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The ILUA area covers about 124 sq km and is located approximately 134 km south of Springsure, 52 km northwest of Injune, and 123 km northeast of Mitchell.

The purpose of the ILUA is to provide consent for the Gunggari people's access to a pastoral lease area.

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

Detailed Information:

Details of the Agreement:

Agreement area:

The Extract from the Register of Indigenous Land Use Agreements identifies the area, per Schedule 1, as all the land and waters within Lot 3480 on Crown Plan WAR805968. For a map of the area see the documents attached below.

Commencement and Termination:

The ILUA is binding from the date it was signed by all parties (this date is not specified in the Extract). It operates as an ILUA, and in relation to the agreed acts, from the date of registration. Part A of the ILUA (not included in the Extract) will commence on the date that the Gunggari people's native title is recognised to exist over the area. Part B of the ILUA will commence if the lessee, Henry Richard Thomas Whitton, chooses to have it approved and registered as an Indigenous Cultural Interest and notifies the Gunggari party of that.

The ILUA will continue until the term of the lease ends, or the ILUA is removed from the Register of Indigenous land Use Agreements.

Native Title Provisions:

Right to negotiate:

The right to negotiate provisions of the Native Title Act 1993 (Cth) apply.

Extinguishment:

The parties agree that the non-extinguishment principle applies.

Native Title in the Agreement Area:

The ILUA area is within native title determination area of Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402 (FCA file no.: QUD19/2019; NNTT file no.: QCD2019/005).


Related Entries

  • Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
  • Organisation
  • National Native Title Tribunal
  • Gunggari Native Title Aboriginal Corporation RNTBC - Signatory
  • Maranoa Regional Council
  • Queensland South Native Title Services Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gunggari People
  • Henry Richard Thomas Whitton - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/025 as at 17/06/2020 (Gunggari/Myrtleville ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)