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Fraser Island, Great Sandy National Park / K’Gari Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 21 November 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located on Fraser Island , Queensland, Australia
The agreement covers about 1,638 sq km over the Great Sandy National Park, Fraser Island.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 March 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/088
Subject Matter:Access
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/088
Summary Information:
Fraser Island, Great Sandy National Park / K'Gari Indigenous Land Use Agreement (ILUA) is Body Corporate Agreement between:

- State of Queensland;

- Bronwyn De Sagte, Roderick Tobane, Belinda Barrowcliffe, Shirley Blake, Gemma Cronin, Sandra Page, Lurline Lillian Burke, Cepha Roma and Brett Nutley on their own behalf and on behalf of the
Butchulla People;

- Butchulla Aboriginal Corporation, ICN8107; and

-Butchulla Aboriginal Corporation RNTBC, ICN8107.

The purpose of this Agreement is to
Detailed Information:
Commencement

This ILUA was registered with the Register of Indigenous Land Use Agreements on 10 March 2015.

The Extract notes the Start Date as 21 November 2014, and End Date as 21 November 2019.

The Agreement commences effect on the Execution Date and subject to Clauses 3.3 to 3.4, continues for 5 years from the Execution Date.

The Agreement may be terminated by written agreement executed by the parties.

If a Substitute Agreement is registered in relation to all or part of the Agreement Area, the Agreement will expires in relation to that part of the Agreement Area covered by the Substitute ILUA
and continues in force in relation to any part of the Agreement Area not covered by the Substitute Agreement.

A party is only permitted to notify the Registrar in writing pursuant to s 199C(1)(c)(i) of the Native Title Act that
this Agreement has expired due to a Substitute Agreement being registered, if each party has agreed in writing that the Agreement has expired.

A 'Substitute Agreement' is defined as an Agreement over all or part of the Agreement Area which regulates the exercise of Native Title Rights and Interests in terms substantially the same as clause 7 and which may also include provision about other matters referred to in section 24 BB of the Native Title Act.

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
  • De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132
  • Organisation
  • Fraser Coast Regional Council
  • State of Queensland - Signatory
  • Butchulla Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Bronwyn De Sagte, Roderick Tobane, Belinda Barrowcliffe, Shirley Blake, Gemma Cronin, Sandra Page, Lurline Lillian Burke, Cepha Roma and Brett Nutley on their own behalf and on behalf of the Butchulla People - Signatory

  • Documents

    Map
    Fraser Island, Great Sandy National Park / K’Gari Indigenous Land Use Agreement (ILUA) Map and Written Description - ( PDF)
    Fraser Island, Great Sandy National Park / K’Gari Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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