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Gangalidda and Garawa Peoples Escott Pastoral Lease Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 June 2010
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Burketown, Queensland, Australia
The area covered by this Indigenous Land Use Agreement (ILUA) comprises about 2,234 square kilometres of land approximately 7 kilometres west of Burketown and northeast of Doomadgee in Far North Queensland. The ILUA area falls within the jurisdiction of the Burke Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 January 2011. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2010/025
Subject Matter:Land Use
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2010/QI2010.025/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the following parties:

  • Murray Walden Jnr and others on behalf of the Gangalidda and Garawa Peoples;

  • Gangalidda and Garawa Native Title Aboriginal Corporation;

  • Andrew Daniels, Samuel Daniels and Gabrielle Kennedy; and

  • Carpentaria Land Council Aboriginal Corporation.


  • The purpose of this ILUA is to provide a framework for the coexistence of the Gangalidda and Garawa Peoples' native title rights and interests, and the rights of the pastoral lessees, being Andrew Daniels, Samuel Daniels and Gabrielle Kennedy.
    Detailed Information:
    The ILUA Extract published on the National Native Title Tribunal's Register of Indigenous Land Use Agreements provides very little detail about the actual content of this agreement. The following details contain general and background information only.

    Commencement and termination of this ILUA

    This ILUA commenced on the 23 June 2010, when a consent determination of native title was made in favour of the Gangalidda and Garawa Peoples by the Federal Court of Australia.

    Unless it is lawfully terminated at some earlier date, this ILUA will terminate either on:

  • The surrender, resumption or termination of the lease;

  • The determination that a native title right to possession and occupation of the ILUA area to the exclusion of all others is in existence; or

  • The ceasing to exist of native title in the whole of the area subject to the lease.


  • Native title in the ILUA area

    The ILUA area falls within the Determination Area of native title made in the Gangalidda and Garawa Peoples consent determination, which was handed down by the Federal Court of Australia on 23 June 2010. This determination covered land and waters that were actually subject to two native title claims, with the court concluding that the Gangalidda and Garawa Peoples hold native title rights and interests over around 5,810 square kilometres of land and waters in Far North Queensland.

    The Gangalidda and Garawa Peoples' native title rights were recognised as being exclusive with respect to 1,860 square kilometres of Aboriginal Land Trust territory, and non-exclusive with respect to 3,950 square kilometres of land that was mostly pastoral. This ILUA is one of two pastoral agreements that have been negotiated with the Gangalidda and Garawa Peoples in order to clarify the relationship between these pastoral interests and the newly-recognised native title rights. As stated in a media release by National Native Title Tribunal Member Graham Fletcher, these ILUAs are intended to draw a balance between allowing the practice of traditional law and custom to go ahead, and enabling the pastoralists to continue with their own commercial activities.

    Related Entries

    Agreement
  • Gangalidda and Garawa People v State of Queensland [2010] FCA 646
  • Gangalidda and Garawa Peoples Cliffdale Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Gangalidda and Garawa Native Title Aboriginal Corporation - Signatory
  • Carpentaria Land Council Aboriginal Corporation - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Murray Walden Jnr and Others on behalf of the Gangalidda and Garawa Peoples - Signatory
  • Gangalidda People
  • Andrew Daniels, Samuel Daniels and Gabrielle Kennedy - Signatory

  • References

    General Reference
    National Native Title Tribunal (17 January 2011) Extract from the Register of Indigenous Land Use Agreements - Gangalidda and Garawa Peoples Escott Pastoral Lease ILUA
    Fact Sheet
    National Native Title Tribunal (23 June 2010) Backgrounder: Gangalidda and Garawa Native Title Determinations
    Case Law
    Federal Court of Australia (23/06/2101) Gangalidda and Garawa People v State of Queensland [2010] FCA 646 (23 June 2010)
    Media Release
    National Native Title Tribunal (23 June 2010) Native Title Recognition for Gangalidda and Garawa
    Publication
    National Native Title Tribunal (23 June 2010) Gangalidda and Garawa People's Native Title Determination

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Lease

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