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Gugu Badhun People / Meadowbank (aka Kinrara) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Meadowbank (Kinrara) Pastoral holding , Queensland, Australia
The agreement covers about 100 square kilometres, located about 77 kilometres northeast of The Lynd. The agreement area includes all of the land and waters within Lot 537 on SP132224 (Meadowbank (aka Kinrara)) located within the Native Title Determination Application QUD85/05 Gugu Badhun People 2 (QC05/07) being an area west of the line described below: Commencing at Longitude 144.935117 East, Latitude 18.207665 South and extending generally south easterly through Longitude 144.984993 East, Latitude 18.243378 South to Longitude 145.032616 East, Latitude 18.459921 South.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/123
Alternative Names:
  • Meadowbank (Kinrara) ILUA
  • Subject Matter:Access | Pastoral Activities
    URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.123/ILUARegisterExport.pdf
    Summary Information:
    The Gugu Badhun People / Meadowbank (aka Kinrara) Indigenous Land Use Agreement (ILUA) was agreed between:

    - Gregory Colin Brown, Judith Margaret Brown, Glen Patrick Cameron and Laurel Jean Cameron;

    - 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

    on 27 Febrauary 2013.

    The purpose of the Body Corporate ILUA is to vest title with Gregory Colin Brown, Judith Margaret Brown, Glen Patrick Cameron and Laurel Jean Cameron as lessees of the Agreement Area.
    Detailed Information:
    Commencement

    The ILUA was registered on 27 February 2013. The extract does not specify a start date for the ILUA or a specific end date.

    The extract notes that, subject to clauses 5.4, 5.5 and 5.8 of the Agreement, the Agreement takes effect on the date of determination of native title in favour of the Gugu Badhun People is made.

    The Gugu Badhun People native title determination was registered and took effect from 1 August 2012. The decision of Hoolihan on behalf of the Gugu Badhun People #2 v State of Queensland [2012] FCA 800 results in full determination of native title. The Agreement Area the subject of this ILUA falls within the land over which native title was granted in this decision.

    The Agreement will continue 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.

    Clause 5.4: In the event a Determination recognising the right to possession and occupation of the Agreement Area, to the exclusion of all others, is made to:

    (a) persons other than the Gugu Badhun People, the Agreement terminates as at the date of
    the Determination; or
    (b) the Gugu Badhun People, the Agreement continues unless otherwise determined by the
    Gugu Badhun People.

    Clause 5.5: Unless otherwise agreed, this Agreement will end with the valid extinguishment of Native Title over the whole of the Agreement Area.

    Clause 5.8: Subject to the provisions of the Land Act, the Agreement 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 NCA.

    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 Agreement Area is the subject of the Native Title Determination Application QUD85/05 Gugu Badhun People 2 QC05/07.

    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
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Gugu Badhun People
  • Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2 - Signatory
  • Gregory Colin Brown, Judith Margaret Brown and Glen Patrick - Signatory

  • References

    General Reference
    National Native Title Tribunal (2013) Gugu Badhun People/Meadowbank (aka Kinrara) ILUA Extract

    Documents

    Map
    Gugu Badhun People/Meadowbank (aka Kinrara) ILUA Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Determination (Australia) | Native Title Registers

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