Carpentaria Shire Council Gkuthaarn and Kukatj Indigenous Land Use Agreement (ILUA)

Gulf of Carpentaria

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).

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

• Carpentaria Shire Council;
• Gkuthaarn and Kukatj Aboriginal Corporation; and
• Phillip George and Leanne Edwards on their own behalf and on behalf of the Gkuthaarn and Kukatj People.
  

The purpose of the ILUA is to provide consent for the Carpentaria Shire Council's public works in the ILUA area, which were done prior to the registration of this ILUA.

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

Background to the Agreement:

The 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.

Details of the Agreement:

Commencement and Termination:

The ILUA is binding on the parties from the commencement date. This date is not specified in the Extract. It commences as an ILUA, and in relation to the agreed future acts, upon registration.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply this ILUA.

Extinguishment:

The non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any of the activities authorised under this ILUA which are inconsistent with native title rights and interests do not extinguish these native title rights and interests, instead they will be revived when the activities are finished.

Future act provisions:

The parties consent to:

• the continued operation, use, and maintenance of the Council's infrastructure (which was not a public work validly done on or before 23 December 1996 and which was done before the ILUA's registration date), This includes any of that work done on any land which it is located, or adjacent to and necessary for the operation of that infrastucture.
  

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).

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