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Gugu Badhun People/Oak Hills Indigenous Land Use Agreement (ILUA)

Category: Agreement
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Oak Hills in the vicinity of Ingham, Queensland, Australia
The agreement area covers about 187 square kilometres, located about 51 kilometres west of Ingham in the State of Queensland. The agreement area includes all of the land and waters within Oak Hills Pastoral Holding located within the Native Title area held by the Gugu Badhun People 2.
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.:QI2012/118
Subject Matter:Access | Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Gugu_Badhun_People_Oak_Hills_ILUA_QI2012_118.aspx
Summary Information:
The Gugu Badhun People/Oak Hills Indigenous Land Use Agreement (ILUA) was agreed between:

- Wayne William Crisp and Glenda Desley Crisp;

- 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 February 2013.

The purpose of the ILUA is to vest title of the Pastoral Holding 24/5318 (comprising Lot 2 on CP WU33 commonly known as Oak
Hills) to Wayne William Crisp and Glenda Desley Crisp.
Detailed Information:
Details of the Agreement

The ILUA was registered on 27 February 2013.

The extract notes that 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 made on the 1 August 2012 and took effect from that date.

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.

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).

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 Gugu Badhuan native title determination was recognised in 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 Badhun's 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 to:

- the right to take, use, share and exchange traditional natural resources from the area for personal, domestic and non-commercial communal purposes;
- the right to conduct cultural and spiritual activities and ceremonies on the area; and
- the right to maintain places of importance and areas of significance to the native title holders under their traditional laws and customs.

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
  • Wayne William Crisp and Glenda Desley Crisp - Signatory

  • Documents

    Map
    Gugu Badhun People/Oak Hills ILUA Map - ( PDF)

    Glossary

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

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