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Quandamooka State Indigenous Land Use Agreement
|Date:||8 December 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||North Stradbroke Island and surrounding islands and waters, Queensland, Australia|
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|The area subject to the ILUA covers approximately 569 square kilometres including North Stradbroke Island, Peel Island, Bird Island, Goat Island, Crab Island, Stingaree Island and surrounding waters.|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements|
|Legal Reference:||Tribunal file no: QI2011/038|
|Subject Matter:||Land Planning | Land Transaction | Native Title | Native Title - Extinguishment|
|Quandamooka State Indigenous Land Use Agreement (ILUA) is an area agreement between State of Queensland (applicant), Ian Delaney on his own behalf and on behalf of the Quandamooka People and Quandamooka Yoolooburrabee Aboriginal Corporation. The purpose of the ILUA is to provide consent for agreed acts and the extinguishment of any native title rights and interests upon the surrender of parts of the agreement area. The agreement took effect from the 15th of June 2011 with some clauses coming into effect upon registration in December 2011.|
|Details of the Agreement|
The Quandamooka State ILUA provides consent to certain agreed acts by the State of Queensland and the permanent surrender and extinguishment of all native title rights and interests over the approved areas including:
- areas to be granted in fee simple under the Land Act 1994 (Qld);
- residential areas [clause 21.9];
- Point Lookout Town Expansion parcels; and
- development and sale sites in Dunwich, Amity Point and Point Lookout Town Expansion Areas.
The native title party also consents to the State of Queensland applying for the grant of deeds in fee simple over the surrender area in favour of the adjoining owners only if a grant of freehold tenure is required.
Native Title History
In July 2011, Delaney on behalf of the Quandamooka People #1 v State of Queensland  FCA 741 (4 July 2011) and Delaney on behalf of the Quandamooka People #2 v State of Queensland  FCA 741 (4 July 2011) were handed down. The native title determinations of Quandamooka #1 and #2 includes 54,408 hectares of land and waters on and surrounding North Stradbroke Island, including areas of national parks, reserves, unallocated State land and other leases (National Native Title Tribunal, 2011).
Exclusive native title rights were found in relation to 2,264 hectares of land and non-exclusive native title rights were found over approximately 22,639 hectares of onshore areas, and over about 29,505 hectares of offshore areas (National Native Title Tribunal, 2011).
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