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Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 May 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Roma, Queensland, Australia
The Agreement Area covers about 4,166 sq km, located approximately 50 kilometres south west of Roma in the State of Queensland. The Agreement Area falls within the Maranoa Regional Council and includes all lands and waters within the external boundary of QUD548/2012 Gunggari People (QC2012/013) as accepted for registration on 11 January 2013.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/0812
Subject Matter:Access | Housing, Construction and Infrastructure
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/082
Summary Information:
The is Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA) an Area Agreement between:

- Maranoa Regional Council; and

- Gunggari People #3.

The purpose of the Agreement is to provide consent for the doing of certain future acts within the Agreement Area.
Detailed Information:
Commencement

This Agreement was registered with the Register of Indigenous Land Use Agreements on 6 May 2015.

The Extract does not specify a start or end date for the Agreement.

Parts 1 and 2 commence on the Execution Date, being the date that the last Party signs the Agreement. This part applies indefinitely unless the Agreement is Terminated.

The Extract notes that Clause 31 in Part 3 of the Agreement commences on the Execution Date, whilst the remaining provisions of Part 3commence on the Registration Date, being 6 May 2015.

Part 3

Where:
(a) the Native Title Claim results in an Unsuccessful Determination;
(b) all Native Title in the Agreement Area is surrendered under the Native Title Act; or
(c) for any other reason there is legal certainty that Native Title does not exist anywhere in the
Agreement Area;

either Party may give Notice to the other Party that Part 3 no longer applies.

Part 3 of the Agreement otherwise applies indefinitely, unless the Agreement is terminated.

Part 4 commences on the Execution Date.

However, where the Gunggari People #3 are no longer an Aboriginal Party for all of the Cultural Heritage
Area, either Party may give Notice to the other Party that Part 4 no longer applies.

Part 4 otherwise continues indefinitely unless the Agreement is Terminated.

Part 5 commences on the Execution Date and applies indefinitely unless the Agreement is Terminated.

Definitions

"Execution Date" means the date that the last Party signs the Agreement.

"Native Title Claim" means native title determination application QUD548/2012 as amended from time to time and includes any native title determination application with which the Native
Title Claim is amalgamated.

"Unsuccessful Determination" means Determination Orders in relation to the Native Title Claim which determine that Native Title does not exist in any part of the Claim Area.

"Aboriginal Party" has the same meaning as given in the Aboriginal Cultural Heritage Act. At the
Execution Date the Native Title Party is the registered native title claimant for the Claim Area and therefore, under Section 34(1)(a) and Section 35(1) of the Aboriginal Cultural Heritage Act>/i>, is also an Aboriginal Party.

"Cultural Heritage Area' means all of the land and waters within the boundary of the Application area.

Native Title Provisions

Right to Negotiate

Part 2 Division 3 Subdivision P of the Native Title Actdoes not apply to any Future Acts covered by the Agreement.

Freehold Land and compulsory acquisition
The Extract specifically notes that the Agreement will not cover the freeholding of land by the State of Queensland to the
Local Government. This would require native title to either be compulsorily acquired or surrendered under an ILUA to which the State of Queensland is a party.

However paragraph 53.1(a) of the Agreement does contain a procedure under which compulsory acquisitions of Native Title may sometimes be undertaken on an agreed basis.

Low native title impact activities

Both Maranoa Regional Council and the Gunggari People #3 unconditional consent to any Activity which has a Low Native Title Impact.

High Native Title Impact Activities

Where certain conditions are satisfied, the parties consent to any Activity that has High Native Title Impact.

The Maranora Regional Council must satisfy one of the following: (i) gives a Notice to the Native Title Party;
(ii) completes Consultation.

Where the Activity involves a capital work dealt with at a Capital Works Forum the Local Government must:
(i) give a list of capital works involving the Activity;
(ii) reach consensus about the Activity being carried out.

Consultation and Notice

Conditions relating to giving notice can be satisfied by the Notice:
(a) being made in writing;
(b) being generally in the form of the template contained in Schedule 9; and
(c) substantially contain the information indicated in the template in Schedule 9.

Further, the Notice:

(ii) must be given in the way set out in Clause 19.
(iii) must be given in sufficient time to enable any necessary Consultation to be completed.
(iv) may cover multiple Activities.

Consultation means completion of the process contained in Schedule 10.

Distinction between Low and High Native Title Impact Activities

An Activity which has a Low Native Title Impact will not be an Activity which has a High Native Title Impact.

Native Title within the Agreement Area

In the Consent Determination, Foster on behalf of the Gunggari People #3 v State of Queensland, handed down on 5 December 2014, the Federal Court found native title to exist in favour of the Gunggari People #3.

Related Entries

Agreement
  • Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA)
  • Gunggari People #3/Drysdale Ponds Indigenous Land Use Agreement (ILUA)
  • Gunggari People #3/Cedarvale Indigenous Land Use Agreement (ILUA)
  • Organisation
  • The Gunggari Native Title Aboriginal Corporation
  • Maranoa Regional Council - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Aboriginal Cultural Heritage Act 2003 (Qld)
  • People
  • Gunggari People #3 - Signatory
  • Gunggari People
  • Robert John Munn on his own behalf and on behalf of the Gunggari people
  • Kathleen Kearns and others on their own and on behalf of the Gunggari People.

  • Documents

    Map
    Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Gunggari People #3 and Maranoa Regional Council Indigenous Land Use Agreement (ILUA) Written Description - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applications/Claims (Australia) | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers

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