The Gunggari People #4 & Maranoa Regional Council Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (the NTA), between:
- Maranoa Regional Council;
- Gunggari Native Title Aboriginal Corporation RNTBC; and
- Marshall Foster, Reeghan Finlay, Don Harding, Jamie Robert Frid, Michelle Saunders and Grant Jackson.
The ILUA provides the Gunggari native title holders' consent to the Maranoa Regional Council conducting activities that have low and high impacts on the native title.
The Native Title Representative Body for this area is the Queensland South Native Title Services Ltd.
Commencement and Termination:
The ILUA was binding as a contract when signed by all the parties (date not included in the Extract) and continues unless it is terminated.
The ILUA is made up of five parts.
Part 3 contains the future act provisions which commenced on the date the ILUA was registered on the Register of Indigenous Land Use Agreements (13 March 2020). Either party may give notice to the other that Part 3 no longer applies if native title in the ILUA is surrendered, or for any other reason there is legal certainty that native title no longer exists.
Either party may give notice to the other party that Part 4 of the ILUA no longer applies if the Gunggaru Aboriginal Native Title RNTBC and the native title party (Marshall Foster and Others) is no longer an Aboriginal Party for all of the Cultural Heritage Area.
Native Title Provisions:
Right to negotiate:
The right to negotiate provisions of the NTA do not apply to the ILUA.
Future act provisions:
- consent to any low native title impact activity, as described in Schedule 5 of the ILUA (not available for publication, but includes maintenance, low impact infrastructure, statutory approvals, low impact tenure grants, gazettal of road reserves, pest control, contractual interests, operational activities, access and site investigation, emergencies and low impact works/infrastructure otherwise agreed to at a capital works forum); and
- subject to compliance with consultation and notice provisions, consent to any high impact native title activity, as described in Schedule 6 (not available for publication, but includes high impact infrastructure, high impact tenure grants, preventing the exercise of native title and high impact works/infrastructure otherwise agreed to at a capital works forum
Native Title in the ILUA Area:
The ILUA area is within the native title determination area of Foster on behalf of the Gunggari People #4 v State of Queensland  FCA 1402.