Gkuthaarn and Kukatj People Tenure Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 2 July 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Gulf of Carpentaria

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 16,436 sq km, located about 28 km east of Burketown, 1 k west of Karumba, and extending about 121 km south from the Gulf of Carpentaria. For details of the area see Schedules 1 and 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Carpentaria Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 July 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/002
Subject Matter:Future Act | Land Settlement | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/002
Summary Information:

The Gkuthaarn and Kukatj People Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • the State of Queensland, acting through the Department of Natural Resources, Mines and Energy;
  • Gkuthaarn and Kukatj Aboriginal Corporation; and
  • Phillip George and Leanne Edwards on their own behalf and on behalf of Gkuthaarn and Kukatj People.

The purpose of the ILUA is for the Gkuthaarn and Kukatj People to provide consent to the extinguishment of any native title rights and interests they may possess over specified areas within the ILUA area. The ILUA also provides for the granting of Aboriginal Land Act titles, the dedication of Reserves, and other land dealings.

The Native Title Representative Bodies for this area are Carpentaria Land Council Aboriginal Corporation and Queensland South Native Title Services Limited.

Detailed Information:

Details of the Agreement

Background

This ILUA was agreed during the negotiations for the native title determination made in favour of the Gkuthaarn and Kukatj People by consent of the parties on 29 September 2020. For details of the determination see 'native title in the area' below.

Commencement and Termination:

The ILUA is binding as a contract from the date it was signed by all the parties. This date is not specified in the Extract. It has force as an ILUA, and in relation to the agreed future acts, from the date of its registration.

The parties may terminate the ILUA by written agreement if a determination of native title in favour of the Gkuthaarn and Kukatj People is not yet made. In the case that a determination has been made, the State and the Gkuthaarn and Kukatj People Aboriginal Corporation, on behalf of the Gkuthaarn and Kukatj people. The ILUA will terminate in relation to any part of the ILUA area if a determination of native title is made in favour of people other than the Gkuthaarn and Kukatj people.

Native Title Provisions:

Right to negotiate:

The right to negotiate provisions of the Native title Act 1993 (Cth) apply to the agreed future acts.

Extinguishment:

The parties agree that any agreed surrender of native title rights and interests is intended to permanently extinguish those native title rights and interests.

Future act provisions:

The parties consent to:

  • the validation of any acts done by the State that are inconsistent with native title rights and interests prior to the signing of the ILUA;
  • the surrender of the Southern and Northern Surrender Areas, as identified in Schedule 7. See under attached documents below;
  • the surrender of the Land Bank Lots identified in Schedule 3 (see in documents below) and the Revenue Share Lots, as identified in Schedule 5 (see in documents below); and
  • all acts necessary to give effect to the ILUA, including the declaration and granting of Aboriginal Land Act Lots, the dedication of Reserves and appointment of trustees, amendments of three rolling term leases. For further details see Schedule 7 below under documents; and
  • the validation of any of the above acts that are not surrenders, and which are done prior to the registration date.

Native Title in the Agreement Area:

The ILUA area is within the native title determination area of George on behalf of the Gkuthaarn and Kukatj People v State of Queensland [2020] FCA 1310 (FCA file no.: QUD29/2019; NNTT file no.: QCD2020/002).


Related Entries

Agreement
  • George on behalf of the Gkuthaarn and Kukatj People v State of Queensland [2020] FCA 1310
  • Organisation
  • National Native Title Tribunal
  • The State of Queensland represented by the Department of Natural Resources, Mines and Energy - Signatory
  • Gkuthaarn and Kukatj Aboriginal Corporation - Signatory
  • Carpentaria Shire Council
  • Carpentaria Land Council Aboriginal Corporation
  • 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
  • Gkuthaarn and Kukatj People
  • Phillip George and Leanne Edwards on their own behalf and on behalf of the Gkuthaarn and Kutkatj People - Signatory

  • Documents

    Document
    National Native Title Extract from the Register of Indigenous Land Use Agreements for QI2020/002 as at 2/7/2020 (Gkuthaarn and Kukatji People Tenure Resolution ILUA) - ( PDF | PDF | PDF | 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)