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Gunggari People #3/Cedarvale 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 Mitchell, Queensland, Australia
The Agreement covers about 1.6 sq km, located about 54 kilometres south of Mitchell in the State of Queensland. The Agreement Area includes all lands and waters within Lot 13 on COG97.
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.:QI2014/084
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/084
Summary Information:
The is Gunggari People #3/Cedarvale Indigenous Land Use Agreement (ILUA) an Area Agreement between:

- Don James Noon and Kim Kelman Noon; and

- Marshall Foster, Bradley Raymond Saunders, Reeghan Finlay,
Jamie Robert Frid, Don Harding, Michelle Saunders, and Grant
Jackson on behalf of the Gunggari People.

The purpose of the Agreement is to provide for the Agreement Area to be leased to Don James Noon and Kim Kelman Noon.
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.

The Extract does note, however, that the Agreement is effective from the date of determination of native title in favour of the Gunggari People.

The Agreement will continue in operation until one of the following occurs:

(a) the Lease term expires; or
(b) surrender, resumption, forfeiture or termination of the Lease.

Termination

The Agreement will terminate, unless otherwise agreed by the parties, when native title is validly extinguished over the whole Agreement Area.

However, subject to the provision of the Land Act, the Agreement will not terminate if:
(a) the Lease has expired but application has been made for renewal or other action has been taken under the provisions of the Land Act for continuity of the Lease ; or
(b) land dealings on the Lease in the form of subdivisions, amalgamations, additional areas or conversion to a perpetual tenure result in a new lease being issued; or
(c) the Lease or part of the Lease is converted to protected area tenure under the Nature Conservation Act.

Native Title Provisions

The Agreement does not include any statements mentioned in subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act.

This means that the consequences set out under these sections are not triggered by this Agreement. The Agreement does not:

- provide consent for the doing of any acts by non-native title parties;
- affect 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 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 Maranoa Regional Council Indigenous Land Use Agreement (ILUA)
  • Gunggari Local Government Indigenous Land Use Agreement (ILUA)
  • Gunggari People #3 and Ergon Energy Corporation Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Maranoa Regional Council
  • The Gunggari Native Title Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Marshall Foster, Bradley Raymond Saunders, Reeghan Finlay, Jamie Robert Frid, Don Harding, Michelle Saunders, and Grant Jackson on behalf of the Gunggari People - Signatory
  • Gunggari People
  • Gunggari People #3
  • Don James Noon and Kim Kelman Noon - Signatory

  • Documents

    Map
    Gunggari People #3/Cedarvale Indigenous Land Use Agreement (ILUA) Map and Written Description - ( PDF)
    Gunggari People #3/Cedarvale Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

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

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