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Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 September 2011
Date To: 28 June 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Cairns, Queensland, Australia
This agreement covers about 80 square kilometres, located approximately 10 kilometres south east of Cairns and includes Gunjarra Island.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2011/054
Subject Matter:Access | Future Act | Housing, Construction and Infrastructure | Land Planning | Land Settlement | Land Transaction | Local Government | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Combined_Mandingalbay_Yidinji_Gunggandji_Yarrabah_Blockholders_ILUA_QI2011_054.aspx
Summary Information:
The Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders Indigenous Land Use Agreement (ILUA) is an agreement between:

- the State of Queensland (applicant);
- Les Murgha and Charles Garling on their own behalf and on behalf of the Gunggandji People;
- Vincent Mundraby on his own behalf and on behalf of the Mandingalbay Yidinji People; and
- the Yarrabah Aboriginal Shire Council.

The agreement was made on 12/09/2011.

The purpose of this agreement is to provide the consent of the native title holders, the Combined Mandingalbay Yidinji Guggandji People, to the granting of 'rural residential' leases on an area of their traditional land.
Detailed Information:
Details of the Agreement

Commencement

Most of the ILUA provisions commence at the date of execution, 12 September 2011, but Clause 5 of the ILUA commences at the date of registration, 28 June 2012.

The agreement ends two years after the commencement of Clause 5, on 28 June 2012.


Native Title parties' consent

The parties consent to the granting of 'rural residential' leases to particular 'Blockholders' and to the Blockholders' use and maintenance of existing forms of access to those lease areas.

The ILUA defines 'Blockholder Party' as a person who executes a deed in the form contained in Schedule 2 of the ILUA.

The Native Title Parties agree that they will not object to the granting of leases over land in the ILUA area, or do anything that prevents or delays the granting of such leases.

The Native Title Parties only consent to the granting of a lease if:
- the lease meets the definition of 'rural residential' purpose.
- the lease area is less than the maximum allowable size.
- the proper processes for the granting of the lease have been followed.
- the Native Title Parties or their nominated entity give their consent or there is a consent determination.

"Rural Residential" is defined in Schedule 4, which is attached to the register extract.

Native Title in the ILUA Area

The Federal Court determination Mundraby & Ors on behalf of the Combined Mandingalbay Yidinji - Gunggandji Claim v State of Queensland (unreported, FCA, 21 September 2012, Dowsett J) recognised that native title exists over approximately 82 square kilometres of the Combined Mandingalbay Yidinji-Gunggandji People's traditional land.

Related Entries

Agreement
  • Combined Mandingalbay Yidinji Gunggandji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah Towers Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah Local Government Indigenous Land Use Agreement (ILUA)
  • Mundraby on behalf of the Combined Mandingalbay Yidinji-Gunggandji People v State of Queensland [2012] FCA 1039
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Signatory
  • Yarrabah Community Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Vincent Mundraby - Signatory
  • Les Murgha and Charles Garling - Signatory
  • The Combined Mandingalbay Yidinji Gunggandji People
  • Gunggandji People
  • Mandingalbay Yidinji People

  • References

    Agreement
    National Native Title Tribunal (28/06/2012) Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders ILUA Extract

    Documents

    Document
    Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders ILUA Description of Agreement Area - ( PDF)
    Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders ILUA List of Parties with Prior Interests - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia) | Native Title Determination (Australia) | Non-Extinguishment Principle | National Native Title Tribunal (NNTT) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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