Gunggari People Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 May 2009
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Dunkeld, Queensland, Australia
The area subject to this Indigenous Land Use Agreement is located approximately 55 kilometres south of Mitchell. The agreement area covers about 6.9 hectares, and is over specific lots located in Dunkeld. The agreement area falls within the jurisdiction of the Maranoa Regional Council.
   
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 May 2009. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/024
Subject Matter:Land Transaction | Native Title - Extinguishment
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.024/ILUARegisterExport.pdf
Summary Information:
This Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland and Robert John Munn on his own behalf and on behalf of the Gunggari People.

The purpose of this ILUA is to obtain the parties' consent to the surrender and consequent extinguishment of native title over various areas of land listed in the ILUA, and also to the transfer of other areas of land into a land trust as Aboriginal Land under the Aboriginal Land Act 1991 (Qld).
Detailed Information:
The term of this ILUA is two years from the date on which it is executed by the parties.

Pursuant to this ILUA, the parties agree to the surrender of all native title rights in relation to the Surrender Area.

The parties also agree to the following Agreed Acts:

  • The declaration of Lot 46 on KE92 as transferable land under the Aboriginal Land Act 1991 (Qld); and

  • The grant of Lot 46 on KE92 to the Land Trust as Aboriginal Land under the same Act.


  • Non-extinguishment principle

    To the extent that these acts amount to a future act under the Native Title Act 1993 (Cth), the parties have agreed that the non-extinguishment principle will apply to these acts. This means that acts that would ordinarily result in the extinguishment of native title will not have this effect. Instead, native title rights over the relevant area will merely be suspended for the duration of the act.

    Right to negotiate

    The parties also agree that the right to negotiate provisions in Part 2, Division 3, Subdivision P of the Native Title Act 1993 (Cth) will not apply to either the surrender of native title or to the transfer of land under this ILUA.

    Background to the ILUA

    The Gunggari People have made two native title claims. The first claim ("Gunggari #1") is a claim over 0.025 square kilometres land in Dunkeld, south of Mitchell. The second claim ("Gunggari #2") claim is a whole of country claim.

    Gunggari People #2 was registered on 8 April 2002 and Gunggari People #1 was registered on 27 February 2004.

    In this ILUA with the State of Queensland, the Gunggari #1 claim was settled and discontinued. The ILUA was registered with the National Native Title Tribunal on 29 May 2009 (see the Gunggari People ILUA).

    A further ILUA was agreed regarding the Gunggari #2 claim. This ILUA settles the status of local government controlled land in the Gunggari #2 native title claim and makes cultural heritage arrangements in relation to that land (See Gunggari Local Government ILUA).

    Related Entries

    Agreement
  • Gunggari Local Government Indigenous Land Use Agreement (ILUA)
  • Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • People
  • Gunggari People
  • Robert John Munn on his own behalf and on behalf of the Gunggari people - Signatory

  • References

    General Reference
    National Native Title Tribunal (23 August 2001) Claimant Application Summary - Gunggari People #2
    National Native Title Tribunal (8 March 1996) Claimant Application Summary - Gunggari People
    National Native Title Tribunal (16 December 1998) Gunggari Claim Takes a Step Forward
    National Native Title Tribunal (29 May 2009) Extract from the Register of Indigenous Land Use Agreements - Gunggari People ILUA
    Queensland South Native Title Services Ltd (2009) 2008-09 Annual Report for Queensland South Native Title Services Ltd
    Queensland South Native Title Services Ltd (June 2008) Connections: the newsletter of Queensland South Native Title Services June 2008
    Case Law
    Australian Indigenous Law Reporter (23 August 2001) Case Summary: Munn for and on behalf of the Gunggari People v Queensland
    Resource
    National Native Title Tribunal (10 September 2008) Notice of Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements

    Documents

    Map
    Map - Gunggari People ILUA QI2008/024 - ( PDF)

    Glossary

    Aboriginal Land Trust (Queensland) (Australia) | Extinguishment (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title (Australia) | Non-Extinguishment Principle | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)