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Gunggari People and Leinster West Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 August 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Charleville, Queensland, Australia
This agreement covers approximately 328 square kilometres over Leinster West Pastoral Lease (Lot 2501 on Plan PH2052). It is located about 110 kilometres southeast of Charleville and falls within the Local Government Authority of Maranoa Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 September 2012. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2012/047
Subject Matter:Access | Pastoral Activities
Summary Information:
The Gunggari People/Leinster West ILUA was agreed between:

- Jon James Warby and Belinda Anne Warby;

and

- Kathleen Kearns, Erica Walker, Bernys Faulkner, Bradley Saunders and Marshall Foster on their own and on behalf of the Gunggari People.

The purpose of this ILUA is to enable the continuation of a lease in the event that a native title determination is made over the land subject to this ILUA.
Detailed Information:
Agreement Details

Commencement
This Agreement takes effect on the date that a determination of native title in favour of the Gunggari is made.

Expiry
The agreements continues until:
(a) the date of expiry of the Lease term; or
(b) the date of surrender, resumption, forfeiture or termination of the Lease; or
(c) the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.

Termination of the Agreement
If a determination recognising the right to possession and occupation of the
Agreement Area, to the exclusion of all others, is made in favour of people other than the Gunggari People, this ILUA will terminate at the date of that determination.

This ILUA will end with the valid extinguishment of Native Title over the whole of the Agreement Area.

It will not terminate if:
(a) the Lease has expired but application has been made for renewal or other action has been
taken under the provisions of the Land Act for continuity of the Lease ; or
(b) land dealings on the Lease in the form of subdivisions, amalgamations, additional areas or
conversion to a perpetual tenure result in a new lease being issued; or
(c) the Lease or part of the Lease is converted to protected area tenure under the Nature Conservation Act 1992 (Qld).

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), and so the consequences set out under these sections are not triggered by this agreement.
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
The Gunggari People first filed a native title application in March 1996. The Gunggari People's non-exclusive native title rights were recognised d in Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651 (22 June 2012). This ILUA is one of a number of agreements which recognise the non-native title interests in the area.

Related Entries

Agreement
  • Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651
  • Organisation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gunggari People
  • Kathleen Kearns and others on their own and on behalf of the Gunggari People. - Signatory
  • Jon James Warby and Belinda Anne Warby - Signatory

  • References

    General Reference
    National Native Title Tribunal (NNTT) (7 September 2012) Extract from Register of Indigenous Land Use Agreements - Gunggari People/Leinster West ILUA.

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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