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Jangga/Disney Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 25 November 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Mount Coolon. , Queensland. , Australia
The ILUA Area is approximately 473 square kilometres and approximately 54 kilometres south west of Mount Coolon in the Whitsunday Region of the State of Queensland. The area falls within the Isaac Regional Council. The Agreement Area includes all land and waters within Lot 4 on SP116046 (Disney Pastoral Development Holding). The Area is located within the Native Title Determination Application QUD6230/98 Jangga People (QC98/10), as accepted for registration on 19 October 2004.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 25 November 2013. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2013/060
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2013/060
Summary Information:
The Jangga/Disney Indigenous Land Use Agreement (ILUA) was agreed between:

- Paul Joseph Kirkwood, Margaret Agnes Kirkwood and Timothy John Kirkwood (applicant); and

- Bulganunna Aboriginal Corporation

on 25 November 2013.

The purpose of this Body Corporate Agreement is to grant consent regarding access to the ILUA Area.
Detailed Information:
Details of the Agreement

The ILUA was registered with the National Native Title Tribunal (NNTT) on 25 November 2013.

The Extract does not specify specific start or end dates for the Agreement.

However, the Extract does note that the Agreement takes effect on the Date of Determination of Native Title in favour of the Jangga People, being 9 October 2012.

The Agreement will continue in effect until:

(a) the Lease term expires; or
(b) the date of surrender, resumption, forfeiture or termination of the Lease; or
(c) the date upon which the Agreement is removed from the Register of ILUAs.

The Extract does not include extensive information regarding the terms of the Agreement.

Native Title Provisions

The Extract notes that there are no statements within the Agreement of the kind which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth).

This means that the ILUA does not:

- provide consent for the doing of any acts by
non-native title parties;

- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor

- validate any previous future acts.

Native Title in the ILUA Area

On 9 October 2012, the Federal Court of Australia recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland. The decision of McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082 effectively reaffirms the Jangga People's affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.

Related Entries

Agreement
  • McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082
  • Organisation
  • Bulganunna Aboriginal Corporation (PBC and RNTBC) - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Paul Joseph Kirkwood, Margaret Agnes Kirkwood and Timothy John Kirkwood - Signatory

  • Documents

    Map
    Jangga/Disney ILUA - Map - ( PDF)
    Jangga/Disney Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Applicants | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Lease | Legislation | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title Applications/Claims (Australia)

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