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Gugu Badhun People and Australian Wildlife Conservancy Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 January 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Queensland, Australia
The ILUA area covers 107 square kilometres of land over part of Mount Zero Holding, 7 kilometres west of Paluma, extending sought of Hidden Valley to Deception Creek.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24/01/13, this is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/097
Subject Matter:Environmental Heritage | Land Management | Management / Administration | Native Title
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Gugu_Badhun_People_and_Australian_Wildlife_Conservancy_ILUA_QI2012_097.aspx
Summary Information:
The Gugu Badhun People and Australian Wildlife Conservancy Indigenous Land Use Agreement (ILUA) is a body corporate agreement between:
- Australian Wildlife Conservancy (applicant);
- Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2; and
- Gugu Badhun Aboriginal Corporation (BC and RNTBC).

The purpose of this ILUA is to give the native title party access to the land in the ILUA area in order to undertake traditional activities.
Detailed Information:
Details of the Agreement

Commencement

The ILUA commences on the date of its execution.

The ILUA continues until either the date of expiry of the lease term, the date of surrender, resumption, forfeiture or termination of the lease, or the date of removal of the agreement from the ILUA register.

However, if there is a determination recognising the right to possession and occupation of the ILUA area to:
- persons other than the native title party, then ILUA terminates on the date of the determination; or
- the native title party, then the ILUA continues unless otherwise determined by the native title party.

The ILUA will also end with the valid extinguishment of native title over the whole of the ILUA area.

Nevertheless, the agreement will not terminate if:
- the lease has expired but application has been made for renewal or other action has been taken for continuity of the lease; or
- 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 issue; or
- the lease or part of the lease is converted to protected area tenure.

Agreement

The ILUA extract contains no further details other than the statement that the ILUA includes nothing mentioned in provisions 24EB(1), concerning the effect of registration on proposed acts covered by indigenous land use agreement, 24EBA(1) or (4), concerning the effect of registration on previous acts covered by indigenous land use agreements, of the Native Title Act 1993 (Cth).

Native Title in the ILUA Area

The ILUA area falls within the Gugu Badhun native title area. The Gugu Badhun people's native title rights were recognised in the Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland determination. The consent determination was handed down in a Federal Court hearing on 1 August 2012 by Justice John Logan. The determination recognises the Gugu Badhuns ownership of an area of 6,540 square kilometres, located approximately 40 kilometres west of Ingham, Queensland. The determination recognises the Gugu Badhun People's exclusive and non-exclusive native title rights.

Related Entries

Agreement
  • Hoolihan on behalf of the Gugu Badhun People 2 v State of Queensland [2012] FCA 800
  • Organisation
  • Gugu Badhun Aboriginal Corporation - Signatory
  • Australian Wildlife Conservancy - Signatory
  • People
  • Gugu Badhun People
  • Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2 - Signatory

  • References

    General Reference
    National Native Title Tribunal (24/01/13) Gugu Badhun People and Australian Wildlife Conservancy ILUA Extract

    Documents

    Document
    Gugu Badhun People and Australian Wildlife Conservancy ILUA Description - ( PDF)
    Gugu Badhun People and Australian Wildlife Conservancy ILUA Map - ( 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) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Determination (Australia)

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