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Gugu Badhun People / Lynwater (aka Spring Creek) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:The Agreement Area is located in the State of Queensland in the Etheridge Shire Council , Queensland , Australia
The agreement area covers about 8 square kilometres, located about 28 kilometres north of The Lynd in the State of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 February 2013. This is an Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2012/119
Subject Matter:Access | Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2012/QI2012.119/ILUARegisterExport.pdf
Summary Information:
The Gugu Badhun People / Spring Creek (aka Lynwater) Indigenous Land Use Agreement (ILUA) was agreed between:

- Victor Gerald Collins;

- Harry Gertz, Ernie Hoolihan, Hazel Illiln, Narda Kennedy and Elsie Thomspon on behalf of the Gugu Badhun People #2; and

- Gugu Badhun Aboriginal Corporation (BC and RNTBC)

on 27 February 2013.

The purpose of the ILUA is to vest title of the Pastoral Holding 18/5287, comprising Lot 537 on SP132224, with Victor Gerald Collins.
Detailed Information:
Details of the Agreement

Commencement

The ILUA was registered with the National Native Title Tribunal on 27 February 2013. The Extract does not nominate a start or end date for the ILUA to take effect.

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

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
  • Harry Gertz, Ernie Hoolihan, Hazel Illin, Narda Kennedy and Elsie Thompson on behalf of the Gugu Badhun People #2 - Signatory
  • Victor Gerald Collins - Signatory

  • Documents

    Map
    Gugu Badhun People/Lynwater (aka Spring Creek) Indigenous Land Use Agreement Map - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Applications/Claims (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title Registers

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