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Ngadjon Jii and Beaven Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 October 2008
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:South of Atherton, Queensland, Australia
This Indigenous Land Use Agreement (ILUA) applies to land and waters covered by Special Lease No. 1/52198 for primary industry (grazing) purposes over Reserve for Camping and Water R367, Lot 437, Crown Plan NR6074. The lease area is located along Kennedy Highway, approximately 13 kilometres south of Atherton in the state of Queensland. The area falls within the jurisdiction of the Tablelands Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17 October 2008. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2008/014
Alternative Names:
  • Albert George Beaven and Heather Jean Beaven Indigenous Land Use Agreement (ILUA)
  • Subject Matter:Native Title - Extinguishment
    URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/ILUA%20Register/2008/QI2008.014/ILUARegisterExport.pdf
    Summary Information:
    The Ngadjon Jii and Beaven Indigenous Land Use Agreement (ILUA) was agreed between the State of Queensland, Albert George Beaven and Heather Jean Beaven, and Emma Johnston and others on their own behalf and on behalf of the Ngadjon Jii People (the Native Title Parties). The purpose of this ILUA is to provide consent for the grant of freehold title over the ILUA area to Albert George and Heather Jean Beaven, and for the consequent extinguishment of native title rights in the ILUA area.
    Detailed Information:
    Grant of freehold title

    Pursuant to this Indigenous Land Use Agreement (ILUA), the Native Title Parties consent to the grant of freehold title over the ILUA area (Special Lease No. 1/52198) to Albert George and Heather Jean Beaven (the Lessees).

    Surrender and extinguishment of native title

    The Native Title Parties also agree to the surrender of any native title rights that may exist in the ILUA area to the State of Queensland. This surrender of native title takes effect immediately, before the Deed of Grant in fee simple is issued in the names of the Lessees over the ILUA area.

    The Native Title Parties agree that the surrender of native title rights and interests under this ILUA is intended to extinguish all native title in the ILUA area.

    Background to native title in the ILUA area

    The Ngadjon Jii People's native title rights with respect to 13,287 hectares of land in the vicinity of Atherton, Cairns and Mareeba in Far North Queensland were recognised in the proceeding Ngadjon-Jii People v Queensland [2007] FCA 1937 by the Federal Court of Australia. This determination of native title was made on 12 December 2007, and included the ILUA area. The native title rights recognised in this determination included both the exclusive right to possession, use and enjoyment of land in accordance with traditional laws and customs to the exclusion of all others, and non-exclusive hunting, fishing and gathering rights.

    In Australia, native title rights such as those recognised in the Ngadjon Jii People's determination may only be extinguished in accordance with s 11 of the Native Title Act 1993 (Cth). This ILUA is one way of satisfying this requirement.

    Related Entries

    Agreement
  • Vera Florence Ketchell and Ors on their own behalf and on behalf of the Ngadjon-Jii People v State of Queensland [2007] FCA 1937
  • Organisation
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Albert George Beaven and Heather Jean Beaven - Signatory
  • Emma Johnston and others on their own behalf and on behalf of the Ngadjon Jii People - Signatory
  • Ngadjon Jii People

  • References

    General Reference
    National Native Title Tribunal (17 October 2008) Extract from the Register of Indigenous Land Use Agreements: Ngadjon Jii and Beaven ILUA
    National Native Title Tribunal (16 July 2008) Notice of an Application to Register an Area Agreement on the Register of Indigenous Land Use Agreements: Ngadjon Jii and Beaven ILUA
    Agreement
    Federal Court of Australia (23 January 2008) Ngadjon-Jii People v State of Queensland [2007] FCA 1937 (12 December 2007)
    Media Release
    Minister for Natural Resources and Water and Minister Assisting the Premier in North Queensland The Honourable Craig Wallace (12 December 2007) Malanda Court Decision Recognises Ngadjon-Jii People's Rights
    Newspaper Article
    The Koori Mail (19 December 2007) Ngadjon-Jii Victory
    Resource
    National Native Title Tribunal (28 May 2008) Native Title Determination Summary - Ngadjon-Jii People
    Publication
    National Native Title Tribunal (12 December 2007) Ngadjon-Jii People's Native Title Determination

    Documents

    Map
    Ngadjon Jii and Beaven Indigenous Land Use Agreement (ILUA) Map - ( PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Area Agreement (Australia) | Native Title (Australia) | Extinguishment (Australia) | Native Title Determination (Australia)

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