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Jochheim and Gia People Indigneous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 January 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:15 km south west of Prosperine. , Queensland. , Australia
The Agreement Area covers Lots 2 & 3 on SP112425, being about 26 sq km and about 15 km South West of the town of Proserpine. The land falls within the Whitsunday Region.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 February 2014.
Legal Reference: National Native Title Tribunal File No.: QI2013/073
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Jocheim_and_Gia_People_ILUA_QI2013_073.aspx
Summary Information:
The Jochheim and Gia People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- the State of Queensland, Department of Natural Resources and Mines (applicant);

- Patricia May Brimble, Raymond Wake, Marie Coleman and Elsie
Kyle on their own behalf and on behalf of the Gia People; and

- Mr Ludwig Benignus Jochheim.

The purpose of the ILUA is to provide for the surrender of native title over the land covered by the Agreement, for the purposes of extinguishment.
Detailed Information:
Details of the Agreement

Commencement

The Extract does not identify a start date of the ILUA. The Agreement was registered with the National Native Title Tribunal on 23 April 2013.

Whilst the Extract does not stipulate a specific end date for the ILUA, it does note at Clause 4.1 that the Agreement will run for a period of 5 years which commences on the execution date, 31 January 2014.

The Agreement commences on the registration date, but clauses 2, 3, 12, 15, 16 and 21.5 commence on the execution date.

Agreement
The Agreement operates to provide the parties' consent to:
a) the surrender of native title over the land covered by the ILUA for the purposes of extinguishment; and
b) the doing of 'future acts' in relation to the Agreement Area, as specified in clause 6.

The Extract states that the surrender of native title will take effect when the Governor in Council issues a deed of grant of freehold. It is also intended that this surrender will extinguish the Gia People's native title claim over the land covered by the ILUA.

Right to Negotiation

The Right to Negotiate as enunciated in Part 2 Division 3 Subdivision P of the Native Title Act 1993 does not apply to future acts which the parties have consented to.

Native Title in the ILUA area

Background
Native Title History
The Gia People were involved in the case of Gia People v State of Queensland [2008] FCA 1696. Orders were made as a result of repeated defaults by the applicants to comply with previous orders. There had been repeated non-compliance with Federal Court orders and further orders were made, that if not complied with, the application would be dismissed. In this case, Rares J held that in light of the history of non]compliance and lack of diligence in the prosecution of these matters by those representing the applicants, the applicants must regularise or reconstitute the claims within a reasonable time.


Related Entries

Organisation
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gia People
  • Patricia May Brimble, Raymond Wake, Marie Coleman and Elsie Kyle on their own behalf and on behalf of the Gia People - Signatory
  • Mr Ludwig Benignus Jochheim - Signatory

  • Documents

    Map
    Jocheim and Gia People Indigneous Land Use Agreement (ILUA) - Map - ( PDF)
    Jocheim and Gia People Indigneous Land Use Agreement (ILUA) - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Applicant | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act Consent Determination (Native Title Act 1993 (Cth)) (Australia) | State Government | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title (Australia) | Extinguishment (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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