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Yarrabah DOGIT Transfer Indigenous Land Use Agreement
|Date:||4 October 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Yarrabah, Queensland, Australia|
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|The area subject to the agreement covers approximately 75 square kilometres, located approximately 10 kilometres east of Cairns in the Yarrabah region in far north Queensland. Yarrabah Aboriginal Community is a small community with just over 3000 people of which over 96% identify as being Aboriginal or Torres Strait Islander (Australian Bureau of Statistics, 2007).|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements|
|Legal Reference:||Tribunal file no: QI2011/014|
|Subject Matter:||Land Transaction | Local Government | Marine | Recognition of Traditional Rights and Interests|
|Yarrabah DOGIT Transfer Indigenous Land Use Agreement (ILUA) is an area agreement made between the State of Queensland (Applicant), Les Murgha on his own behalf and on behalf of the Gunggandji People and the Yarrabah Aboriginal Shire Council. The agreement commenced on 19 April 2011 and terminates on 1 January 2014. The purpose of the agreement is to allow for the area of land and waters under the agreement to be granted as Aboriginal land.|
|Terms of the Agreement|
The parties consent to a particular area, referred to as the ALA Transfer Area, being granted as Aboriginal land. The transfer involves the ownership of the particular land and waters being passed from the current trustee (State of Queensland) to the Gungandji people as trustees, in order to hold the land for the benefit of Aboriginal or Torres Strait Islander people particularly concerned with the land (DERM, 2011). This particular transfer is known as a Deeds of Grant in Trust (DOGIT).
This agreement will take effect when the Yarrabah Blockholder ILUA (National Native Title Tribunal reference QI2011/013) terminates. This agreement will then terminate in 2014 provided that a deed for the transfer of the ALA Transfer Area has been delivered.
The area subject to the agreement covers about 75 square kilometres located approximately 10 kilometres east of Cairns in the region of Yarrabah. The ALA Transfer Area extends north-east to Cape Grafton and south to Oombunghi Beach.
The transfer is in accordance with the Native Title Act 1993 (Cth) however the agreement notes that Subdivision P, Division 3, Part 2 of the Native Title Act 1993 (Cth) is not intended to apply to the grant of the ALA Transfer Area as Aboriginal Land.
Native title history
Mr Les Murgha and Mr Stewart Harris, on behalf of the Combined Gunggandji People are currently seeking a determination of native title pursuant to the Native Title Act 1993 (Cth). The claim area lies to the south of Cairns, borders Mission Bay and includes the Yarrabah township. There are numerous respondents including the State of Queensland, Yarrabah Aboriginal Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, numerous fisherman and others. The application was accepted for registration in 2008 having passed the registration test.
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