Greenvale Training Area Gudjala Indigenous Land Use Agreement (ILUA)

Northern Queensland, west of Townsville

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 4 May 2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Greenvale Training Area Gudjala Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• the Commonwealth of Australia acting through the Department of Defence;
• Elizabeth Santo and Gloria Santo; and
• Ngrragoonda Aboriginal Corporation RNTBC.

The purpose of the ILUA is to facilitate activities, works and operations which may be undertaken for military training initiatives, and other acts necessary or incidental to give effect to those activities.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Details of the Agreement

Commencement and Termination

The ILUA is binding from 25 November 2021. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 4 May 2021.

Native Title Provisions

Right to negotiate

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

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions

The parties agree that acts done between 25 November 2020 and 4 May 2021 are valid for the purposes of the Native Title Act 1993 (Cth).

The parties also agree to the doing of the project, the grant and implementation of the project rights and other acts necessary or incidental to give effect to the project.

The project means all activities, works and operations which may be undertaken for military training initiatives, including the following:

• The construction and operation of live fire
• Simulated and manoeuvre training facilities
• Weapons ranges
• Camp accommodation
• Fencing
• Telecommunication equipment
• Quarrying
• Roads
• Landing and embarkation grounds
• Other training facilities

The project does not include:

• Convention Regulated Activities 
• any Carbon Offset Program that is not an Environment Offset
• New Weapons Testing

See the Extract for a more detailed description of these activities and rights.

Native Title in the Agreement Area

The ILUA area is partly within the area of the native title determination Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231. (FCA file no.: QUD80/2005, NNTT file no.: QCD2014/006)

Related Entries

Documents

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