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Gudjala People and Local Government Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Charters Towers, Queensland, Australia
The Agreement area covers land in the vicinity of Charters Towers, between Kennedy Developmental Road, Gregory Road and Flinders Hwy. This is within the Charters Towers Regional Council and Flinders Shire Council. the Agreement area is subject to the Birriah People Native Title Application (QUD6244/1998; QC1998/012), the Gudjala People (QC2005/006;QUD80/2005 ) Native Title Application and the Gudjala People #2 (QC2006/008; QUD147/2006) Application.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 03 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/031
Subject Matter:Access | Housing, Construction and Infrastructure | Land Planning | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/031
Summary Information:
The Gudjala People and Local Government Indigenous Land Use Agreement (ILUA) was agreed between:

- Charters Towers Regional Council and Flinders Shire Council;and

- Gloria Santo, Andrew (Smokey) Anderson, Elizabeth Dodd,Christine Hero and Priscilla Michelle Huen on their own behalf and on behalf of the Gudjala People "Native Title Party"; and

- Ngrragoonda Aboriginal Corporation RNTBC

on 3 October 2014.

The purpose of this Area Agreement is to provide consent to activities that have Low Native Title Impact and where conditions are met, activities with High Native Title Impact in the Agreement Area.
Detailed Information:
Commencement

This Agreement was registered with the National Native Title Tribunal (NNTT) on 3 October 2014.

The Extract notes that the Agreement is a contractually binding Agreement and will commence upon the executive date (not specified).

Clause 17.1 provides that the Agreement takes effect as a contractually binding agreement between the parties from the "Executive Date" and will continue unless and until validly terminated. The Extract does not define the "Executive Date".

Termination may be executed by written consent by the parties.

The Extract notes Clause 17.2 which identifies certain parts of the Agreement which no longer apply. The Clause states that:

(a) "Part 2 no longer applies in the circumstances in sub-clause 28.2;
(b) Part 3 no longer applies in the circumstances in sub-clause 37.3;
(c) Part 4 no longer applies in the circumstances in sub-clause 46.2."

Parts 1 and 5 of the Agreement continue indefinitely unless the Agreement is validly terminated.

Clause 18.2 of the Extract notes that where:-

(a) the Native Title Claim:
i) is not successfully determined; or
ii) is struck out, dismissed or discontinued; and

(b) there is a native title application by any group other than the Gudjala People over the Agreement area which is recorded on the Register of Native Title Claims.

Any party may:
(c) request a consultation with the other parties regarding the changes brought about by a subsequent native title claim; or

(d) provide written notice to each party that the Agreement will be terminated. If the Agreement is terminated by the native title party by giving notice to the Local Governments, the Agreement will be terminated when the last notice is received by the local government. If a Local Government body gives notice to the native title party, the Agreement is terminated when the first notice is received by the native title party.

Clause 28.2 of the Extract notes that where the Native Title claim is either found to the a successful or unsuccessful determination in the Agreement area, if the Native Title in the Agreement area is surrendered (under the Native Title Act 1993 (Cth)), or the Native Title claim is discontinued, struck out or dismissed, any party to the Agreement may give notice to the remaining parties that Part 2 does not apply any more.

Clause 37.3 of the Extract stipulates that where the Native Title claim is unsuccessful, the native title in the Agreement Area is surrendered or there is legal certainty that no native title exists in the Agreement Area, then any party may give notice to the remaining parties that Part 3 does not apply any longer.

Lastly, under clause 46.2 of the Extract, If the Native Title party is no longer an Aboriginal party for the purposes of the cultural heritage in the area, then any party can give notice to the other parties that Part 4 will cease application.

Native Title Provisions

As noted above, the purpose of this Agreement is to provide consent by the Gudjala People to the Charters Towers Regional Council and Flinders Shire Council for activities that have Low Native Title Impact and where conditions are met, activities with High Native Title Impact in the Agreement Area.

According to clause 38.2 of the Extract, the parties agree that the right to negotiate provisions of the Native title Act 1993 (Cth) do not apply to any Future Act, as the alternative consultation provisions are to be followed instead.

Under clause 43.2 of the Extract in the event that Determination Orders have been made regarding the Native Title claim, where an activity falls within the Agreement Area, but is not specified in the Determination Orders as being the subject of a successful Determination. the parties agree that for Native Title purposes either:

(a) the terms of sub-clause 43.1 apply (that is, the parties agree that any native title in the area will have been extinguished over those areas and native title will not be affected by the activity and no native title compliance measures are required);or (

(b) the parties consent to the activity unconditionally.

Low Native Title Impact Activities

Under Clause 44.1 the Agreement provides that the Gudjala People consent to any activity that has Low Native Title Impact. Outlined in Schedule 7 (attached) these activities include:

- Maintenance;
- Low impact infrastructure;
- Statutory Approvals;
- Low Impact Tenure grants;
- Invalid past Acts;
- Pest Control;
- Contractual Interests;
- Operational Activities;
- Access and Site Investigation;
- Emergencies;
- Contractual Interests with Third Parties; and
- Low Impact Works/Infrastructure otherwise Agreed at a Capital Works Forum.

High Native Impact Activities

Clause 44.3 of the Extract stipulates that the Gudjala People consent to any activity which has a High Native Title Impact, providing the conditions in sub-clause 44.4 are met.

Sub-clause 44.4 of the Extract stipulates that the Local Government that is proposing the High Native Title activity must satisfy one of the following:

- Notice is given to the native title party or their representative in accordance with paragraph 45.1(a); and

- the consultation provisions in paragraph 45.1(b) are followed;

- If the activity involves a capital work dealt with at a capital works forum (clause 60) the Local Government must give a list of capital works involving the activity and a consensus must be reached about the activity being carried out.

Activities that pertain to having a high native title impact are set out and defined in Schedule 8 (attached). These activities include;

- High Impact Infrastructure;
- High Impact Tenure Grants;
- Preventing the Exercise of Native Title; and
- High Impact Works/Infrastructure otherwise Agreed at a Capital Works Forum.

Native Title in the ILUA Area.

The Agreement Area sits on the north western boundary of the Birriah People Native Title Application (QUD6244/1998; QC1998/012), as accepted for registration on 14 August 2007.

Furthermore, the Agreement Area covers parts of the following Native Title applications

‐ QUD80/2005 Gudjala People (QC2005/006) as accepted for registration on 22nd April 2005.

‐ QUD147/2006 Gudjala People #2 (QC2006/008) as accepted for registration on 30th June 2010.

The decision of the Federal Court of Australia on 18 March 2014, Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231,determined that native title is partially determined in favour of the Gudjala people in the Agreement Area.

Related Entries

Organisation
  • Charters Towers Regional Council - Signatory
  • Flinders Shire Council - Signatory
  • Ngrragoonda Aboriginal Corporation RNTBC - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Elizabeth Dodd, Andrew (Smokey) Anderson, Gloria Santo, Christine Hero and Priscilla Michelle Huen on their own behalf and on behalf of the Gudjala People - Signatory
  • Birriah People

  • Documents

    Document
    Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231 - ( PDF)
    Gudjala People and Local Government Indigenous Land Use Agreement (ILUA) - Extact - ( PDF)
    Gudjala People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 3 map - ( PDF)
    Gudjala People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 7 Low Native Title Activities - ( PDF)
    Gudjala People and Local Government Indigenous Land Use Agreement (ILUA) - Schedule 8 High Native Title Activities - ( PDF)
    Gudjala People and Local Government Indigenous Land Use Agreement (ILUA)- Schedule 2 written description of agreement area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Registers | Native Title Applicants | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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