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Gangalidda and Garawa People Westmoreland Pastoral Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 March 2015
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of Burketown, Queensland, Australia
The Agreement Area covers about 2605 sq km adjacent to the Northern Territory/Queensland boarder approximately 137km north west of Burketown in the state of Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 3 August 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2015/007
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/007
Summary Information:
The Gangalidda and Garawa People Westmoreland Pastoral 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;

- Gangalidda and Garawa Native Title Aboriginal Corporation RNTBC on its own behalf and as agent for and on behalf of the Gangalidda People under the Part A Determinations and the Gangalidda and Garawa People; and

- Westmoreland Pastoral Company Pty Ltd.

The Extract does not provide extensive information relating to the purpose of the Agreement, but does identify pastoral access and leases as its subject matter.
Detailed Information:
Commencement

The Agreement was registered with the Register of Indigenous Land Use Agreements on 3 August 2015 and specifies the start date of the Agreement as 5 March 2015.

The Agreement is effective from the Commencement Date, being the date on which the Agreement was executed by the Parties and, if executed on different days, the later of those days.

The Agreement continues unless and until:

(a) the lease term expires;
(b) the date of surrender, resumption, forfeiture or termination of the Lease; or
(c) the date the Agreement is removed from the Register of Indigenous Land Use Agreements.

The Extract does not specify an end date for the Agreement, but notes that the Agreement will terminate if native title is validly extinguished over the entire Agreement Area.

Native Title Provisions

The Extract notes that the Agreement does not include any statements mentioned in subsections 24EB(1) or 24EBA(1) or (4) of the Native Title Act This means the consequences set out under these sections are not triggered by this Agreement and it 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
  • 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 People Finucane Island Indigenous Land Use Agreement (ILUA)
  • Gangalidda & Garawa People #2 and Burketown Land Exchange Indigenous Land Use Agreement (ILUA)
  • Gangalidda People Punjaub Pastoral Indigenous Land Use Agreement (ILUA)
  • Garawa People Wentworth 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
  • Gangalidda and Garawa Native Title Aboriginal Corporation - Signatory
  • Westmoreland Pastoral Company Ltd - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Terrence Taylor and Jacky Green on their own and on behalf of the Gangalidda and Garawa Peoples #2 - Signatory
  • Gangalidda People

  • Documents

    Map
    Gangalidda and Garawa People Westmoreland Pastoral Indigenous Land Use Agreement (ILUA) Schedule 4 Map - ( PDF)
    Gangalidda and Garawa People Westmoreland Pastoral Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Gangalidda and Garawa People Westmoreland Pastoral Indigenous Land Use Agreement (ILUA) Schedule 3 Description - ( 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) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Public Company | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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