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Woorabinda Social Housing and Home Ownership Indigenous Land Use Agreement (ILUA)
|Date:||26 May 2011|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Location:||Woorabinda, Queensland, Australia|
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|The extract of the ILUA from the Register of Indigenous Land Use Agreements describes the area covered by the agreement as follows: The area subject to this agreement covers about 9 hectares and is located in the vicinity of the Town of Woorabinda. The agreement falls within the Local Government Authority of Woorabinda Aboriginal Shire Council. Woorabinda is an Aboriginal community located in central Queensland, 170 kilometres south-west of Rockhampton. The population of the Woorabinda township is approximately 1,001 people (at 30 June 2010).|
|Legal Status:||Registered on the National Native Title Tribunal Register of Indigenous Land Use Agreements.|
|Legal Reference:||National Native Title Tribunal File No:QI2011/029|
|Subject Matter:||Access | Housing, Construction and Infrastructure | Land Management | Native Title|
|The Woorabinda Social Housing and Home Ownership Indigenous Land Use Agreement (ILUA) is an area agreement between the State of Queensland (applicant), Patricia Leisha, Lynette Blucher, Pamela Hegarty and Lillian Harrison (the Gangulu Parties), Steven Freeman, Sharyn Blair, Diane Evans and Edgar Freeman (the Wadja Parties) and the Woorabinda Aboriginal Shire Council. The purpose of the agreement is to provide consent for the construction and operation of social housing in the town of Woorabinda.|
|Details of the agreement|
Under the agreement the parties consent to the doing of the 'agreed acts' and the validation of:
- any acts that comprise or are necessarily incidental to the provision of social housing that are or may be invalid for Native Title purposes that were done on the agreement area by the State or the Council prior to registration; and
- any agreed acts done by the State or Council after the execution date and prior to registration.
'Agreed acts' are any acts done as part of, or in relation to:
- the construction of the social housing and the infrastructure in the agreement area;
- the operation and maintenance of the infrastructure established in the agreement area;
- the operation and maintenance of the social housing in the agreement area during the term
of any social housing lease;
- the grant of any social housing lease in the lease area;
- the grant of any residential leases in the lease area and any other leases under the
Residential Tenancies Act 1994 (Qld); and
- any land dealings required to ensure the surrender of part of any social housing lease; and the grant of a residential lease corresponding to the surrendered area pursuant to
s. 40D(1)(a) or 40D(2) of the Aboriginal Land Act 1991 (Qld).
Residential lease means any 99 year lease granted by Council under s. 40D(1)(a) or
s. 40D(2) of the Aboriginal Land Act 1991 (Qld).
Social housing means the social housing provided, operated and maintained by the State in the agreement area.
Social housing lease means any trustee lease granted by Council to the State pursuant to s.
40D of the Aboriginal Land Act 1991 (Qld).
The Woorabinda Social Housing and Home Ownership ILUA makes Woorabinda the first Aboriginal community in Queensland to have settled native title enabling home ownership over the relevant areas.
The ILUA will attempt to ensure that residents are provided with housing that better meets the needs of the community and that all housing is properly maintained (Woorabinda Aboriginal Shire Council, 2011).
Although the Wadja People applied for recognition of native title rights and interests around Woorabinda in 1996, the claim was discontinued.
The Gangulu People also lodged a claim for recognition of native title rights and interests in the region of Biloela, Moura, in central Queensland in 1997;however, the claim was dismissed.
Despite the claims having been discontinued and dismissed, under s24CD(4) of the Native Title Act 1993 (Cth), any persons who claim to hold native title in relation to land or waters in the ILUA area may be party to the agreement.
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