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Gangalidda People Finucane Island Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 16 December 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Finucane Island, Queensland, Australia
The Agreement Area is all of the land and waters described as that part of Finucane Island National Park being Lot 442 on NPW906 that lies to the west of the right bank of the Leichardt River. The agreement area covers about 50 sq km and is located over part of Finucane Island National Park, in the state of Queensland
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 26 May 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2014/092
Subject Matter:Land Settlement | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/092
Summary Information:
The Gangalidda People Finucane Island Indigenous Land Use Agreement (ILUA) is an Area Agreement between:

- the State of Queensland;

- Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa People #2; and

- Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC.

The Agreement Extract fails to provide detailed information as to the purpose of the Agreement. From the information available, however, it is reasonable to presume that the Agreement concerns the State of Queensland's recognition of native title rights and interests within the Agreement Area.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 26 May 2015 and specifies the start date of the Agreement as 12 December 2014.

The Extract further notes that Clauses 1 - 4 and 11 commence on the Execution Date. The Execution Date is defined as the date on which the last party signed the Agreement.

The remaining Clauses of the Agreement commence on the Registration Date, being 26 May 2015.

Subject to certain Clauses, the Agreement will continue in perpetuity. The Agreement may be terminated by written Agreement executed by the Parties.

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

In 2010, the Federal Court of Australia held in Gangalidda and Garawa People v State of Queensland [2010] FCA 646 that native title exists over parts of the determination area.



Related Entries

Agreement
  • Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland [2008] FCA 1855
  • Gangalidda and Garawa People v State of Queensland [2010] FCA 646
  • Gangalidda and Garawa Peoples Cliffdale Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Gangalidda and Garawa Peoples Escott Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Gangalidda & Garawa People #2 and Burketown Land Exchange Indigenous Land Use Agreement (ILUA)
  • Gangalidda and Garawa People Westmoreland Pastoral Indigenous Land Use Agreement (ILUA)
  • Gangalidda People Punjaub Pastoral Indigenous Land Use Agreement (ILUA)
  • Taylor on behalf of the Gangalidda and Garawa Peoples #2 v State of Queensland [2015] FCA 730
  • Taylor on behalf of the Gangalidda and Garawa Peoples #1 v State of Queensland [2015] FCA 731
  • Organisation
  • State of Queensland - Signatory
  • Gangalidda and Garawa Native Title Aboriginal Corporation - Signatory
  • Burke Shire Council
  • Burke Shire Council
  • Carpentaria Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Gangalidda People
  • Valerie Douglas, Cecil Goodman, Roger Kelly on their own behalf and on behalf of the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples
  • Murray Walden Jnr and Others on behalf of the Gangalidda and Garawa Peoples
  • Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa Peoples #2 - Signatory

  • Documents

    Document
    Gangalidda People Finucane Island Indigenous Land Use Agreement (ILUA) Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (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) | Legislation | Native Title (Australia) | Native Title Claimants (registered) (Australia) | Native Title Applications/Claims (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Applicants | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | State Government

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