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Wulgurukaba People Indigenous Land Use Agreement (ILUA)
|Date:||24 November 2009|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Magnetic Island, Queensland, Australia|
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|The area covered by this Indigenous Land Use Agreement (ILUA) comprises land and waters on the landward side of the high-water mark of Magnetic Island, which is located about 9 kilometres north of Townsville in the state of Queensland. The ILUA area falls within the jurisdiction of the Townsville City Council.|
|Legal Status:||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 22 December 2010. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference:||National Native Title Tribunal File No. QI2010/018|
|Subject Matter:||Future Act | Native Title | Native Title - Extinguishment|
|This Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and Arthur Charles Johnson, Michael Andrew Johnson and Shirley Ann Walker on their own behalf and on behalf of the Wulgurukaba People on 24 November 2009. Arthur Charles Johnson is one of the applicants to the Wulgurukaba People #1 native title claim (Federal Court File No.: QUD6221/98). Michael Andrew Johnson and Shirley Ann Johnson are the applicants to the Wulgurukaba People #2 native title claim (Federal Court File No.: QUD6252/98). |
The purpose of this ILUA is to provide consent for the surrender and extinguishment of native title in relation to the ILUA area.
|Pursuant to this ILUA, Arthur Charles Johnson, Michael Andrew Johnson and Shirley Ann Walker on their own behalf and on behalf of the Wulgurukaba People agree to the surrender and consequent extinguishment of native title rights with respect to the ILUA area. |
The parties also agree that the right to negotiate provisions in Subdivision P, Part 2, Division 3 of the Native Title Act 1993 (Cth) will not apply to the surrender of native title under this ILUA.
For the purposes of the future act validation provisions in s 24EBA(1)(a) of the Native Title Act 1993 (Cth), the parties also agree that any future acts invalidly done by the state of Queensland in the ILUA area prior to registration are and have always been valid. This validation takes effect upon registration of the ILUA on the National Native Title Tribunal's Register of Indigenous Land Use Agreements (which occurred on 22 December 2010).
Background to native title in the ILUA area
The Wulgurukaba People are the registered native title claimants in proceedings QUD 6221 of 1998 and QUD 6252 of 1998, both of which have been filed with the Federal Court of Australia. These native title claims relate to land in the vicinity of Townsville in the state of Queensland, and include Magnetic Island, and hence the ILUA area. Both of these claims remain active, and are now undergoing mediation.
As stated in a Magnetic Times article dated 20 May 2005, the Wulgurukaba People's native title claims are expected to benefit from a decision by the Federal Court on 31 March 2005 of Australia to strike out a competing claim by the Bindal People. The Bindal People's claim to a shared interest in the land is believed to have been dismissed due to insufficient documented anthropological evidence.
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