Quandamooka Tenure Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 May 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Moreton Island

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as Moreton Island, which has an area of about 173 sq km. For a detailed description and map of the area see Schedules 1 and 2 of the ILUA attached below under documents. The area is within the jurisdiction of the Brisbane City Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 20 May 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/027
Subject Matter:Future Act | Land Settlement | Land Use | Native Title | Native Title - Extinguishment | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/027
Summary Information:

The Quandamooka Tenure Resolution Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the State of Queensland;
  • Quandamooka Yoolooburrabee Aboriginal Corporation Registered Native Title Body Corporate (RNTBC); and
  • Robert Anderson on his own behalf and on behalf of the Quandamooka People.

The purpose of the ILUA is to provide for the extinguishment of native title over parts of Moreton Bay Island, the transfer of freehold titles over parts to the Quandamooka Yoolooburrabee Aboribiginal Corporations, and the granting of commercial permits in relation to tourism on the island.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding as a contract from the date when signed by all the parties. It operates as an ILUA, and in relation to the agreed acts, from the date of registration.

Native Title Provisions

Right to negotiate

The right to negotiate provisions of the Native Title Act 1993 (Cth) apply the acts agreed to under this ILUA.

Extinguishment

The parties agree that any surrender of native title, agreed to under this ILUA, is intended to extinguish all native title rights and interests.

Future act provisions

The parties consent to the doing of the acts outlined in Schedule 3 of the ILUA, attached below under documents. The acts include :

  • the surrender of native title over the Cape Moreton area, any nominated lot that is granted in freehold title to Quandamooka Yoolooburrabee Aboriginal Corporation, and any lot that is sold in accordance with this ILUA
  • the validation of acts that the State did invalidly, in relation to native title, prior to the signing of the ILUA;
  • the validation of any of the acts agreed to under this ILUA that are done before the registration date;
  • the granting of commercial activity permits that are within the terms of the ILUA.

Native Title in the Agreement Area

The ILUA area is within the determination area of Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (No. 2) [2019] FCA 2001 (NNTT file no.: QCD2019/007; FCA file no.: QUD601/2014).


Related Entries

Agreement
  • Anderson on behalf of Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (No.2) [2019] FCA 2001 IN PROGRESS
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC - Signatory
  • Tangalooma Pty Ltd
  • Brisbane City 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
  • Robert Anderson on his own behalf and on behalf of the Quandamooka People - Signatory
  • Quandamooka People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/027 as at 17 June 2020 (Quandamooka Tenure Resolution ILUA) - ( PDF | 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) | Area Agreement (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)