Gunggari People #4 & Maranoa Regional Council Indigenous Land Use Agreement (ILUA)

Date: 13 March 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

West and northwest of Roma township

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 16,749 sq km, located in the vicinity of the township of Mitchell and extending approximately 30 km south and 179 km north of the Warrego Highway. For details of the area see Schedules 2 and 3 attached below under documents. The area is within the jurisdiction of the Maranoa Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 13 March 2020. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/026
Subject Matter:Future Act | | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/026
Summary Information:

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.

Detailed Information:

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.

Extinguishment:

Future act provisions:

The parties:

  • 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 ofFoster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402.


Related Entries

  • Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1402
  • Organisation
  • National Native Title Tribunal
  • Maranoa Regional Council - Signatory
  • Gunggari Native Title Aboriginal Corporation RNTBC - Signatory
  • 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
  • Marshall Foster and Others on behalf of the Gunggari People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/026 as at 17/6/2020 (Gunggari People #4 & Maranoa Regional Council 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)