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Girramay People and State of QLD and Brazier Indigenous Land Use Agreement (ILUA)
|Date:||27 May 2010|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Cardwell, Queensland, Australia|
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|The ILUA area covers approximately 0.6 hectares of Lot 5 on plan CWL3551, located in the town of Cardwell. The agreement area is located within the jurisdiction of the Cassowary Coast Regional Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 May 2010. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2009/066.|
|Subject Matter:||Consultation | Local Government | Native Title | Native Title - Extinguishment|
|The Girramay People and State of QLD and Brazier ILUA was agreed between |
- Girramay People Aboriginal Corporation;
- Mr Abraham Muriata on his own behalf and on behalf of the Girramay People;
- State of Queensland; and
- Ronald and Angelina Brazier.
The ILUA was developed to accompany the consent determination in Abraham Muriata on behalf of the Girramay People v State of Queensland & Ors (unreported, FCA, 10 December 2009, Dowsett J). This determination found that the Girramay people held non-exclusive native title rights and interests over 16 parcels of unallocated State land stretching from Cardwell to Bilyana and the Murray Upper area. The ILUA is one of four ILUAs entered into by the Girramay people in relation to the abovenamed consent determination. These ILUAs cumulatively provide for the surrender of native title rights throughout the majority of the Cardwell town area.
The purpose of the ILUA is to enable the surrender of native title rights existing within the agreement area and the subsequent grant of a freehold interest to the Girramay People Aboriginal Corporation over the agreement area.
The ILUA also validates previously invalid future acts conducted within the agreement area.
|Surrender of Native Title|
The ILUA primarily provides for the surrender (and subsequent extinguishment) of native title rights existing within the agreement area. The surrender is to take effect upon registration of the ILUA. Registration of the ILUA occurred on 27 May 2010.
In exchange for this surrender, the ILUA provides for the grant of a freehold interest to the Girramay People Aboriginal Corporation over the agreement area in accordance with the Land Act 1994 (Qld). In obtaining a freehold interest over the agreement area, the Girramay People Aboriginal Corporation obtains the right to grant further interests within the agreement area (although the grant of an interest must comply with conditions prescribed within the agreement).
Termination of the Agreement
The ILUA may be terminated by written agreement from each of the parties. The ILUA appears to make provision for the payment of compensation upon such termination, although the details of such payment are not provided in the ILUA.
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.
Native Title in the ILUA Area
The ILUA area is located within the Determination Area of native title made in the proceeding Abraham Muriata on behalf of the Girramay People v State of Queensland & Ors (unreported, FCA, 10 December 2009, Dowsett J) by the Federal Court of Australia. Under the Native Title Act 1993 (Cth) any activity that may affect native title rights is defined as a 'future act' and must comply with the future act provisions of the Act in order to be valid. The ILUA entitles the parties to circumvent these provisions.
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