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Yarrabah Blockholders 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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|Legal Status:||Registered on the National Native Title Registar of Indigenous Land Use Agreements|
|Legal Reference:||Tribunal file no: QI2011/013|
|Subject Matter:||Land Management | Land Planning | Land Transaction|
|The Yarrabah Blockholders 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 commences on 19 April 2011 and terminates on 4 October 2013. The purpose of the ILUA is to allow for the granting of leases by the Yarrabah Aboriginal Shire Council over the agreement area.|
|Terms of the Agreement|
The parties to the Yarrabah Blockholders ILUA consent to the trustee of the deed of grant in trust (DOGIT), being the Yarrabah Aboriginal Shire Council, granting a lease within the agreement area to a defined person known as a blockholder. The Yarrabah Aboriginal Shire Council may grant a lease to a blockholder for purposes, and over areas, specified in the ILUA if the Gunggandji People, the Yarrabah Aboriginal Shire Council, the State of Queensland and the particular blockholder execute an Opt in Deed.
The ILUA also allows for the Yarrabah Aboriginal Shire Council to grant a lease over land within the agreement area if there has been consent or deemed consent by the Gungandji People under the ILUA.
Any lease granted under the agreement is to be granted under the Aboriginal Land Act 1991 (Qld) for a term for 30 years.
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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