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Mt Elsie Holding Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 7 September 2012
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:In the vicinity of the Charters Town Regional Council
State/Country:Queensland, Australia
The ILUA area is located approximately 130 kilometres southwest of Townsville.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 07/09/2012.This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File Number: QI2012/054
Subject Matter:Access | Consultation | Land Management | Management / Administration | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Mt_Elsie_Holding_ILUA_-_QI2012_054.aspx
Summary Information:
The Mt Elsie Holding Indigenous Land Use Agreement (ILUA) is an area agreement between:
- Mr Stirling and Mrs Gail O'Sullivan (applicant);
- Ian McLennan on his own behalf and on behalf of the Jangga People QUD6230/98;
- Andrew (Smokey) Anderson on his own behalf and on behalf of the Gudjala People QUD80/05 and Gudjala People #2 QUD147/06; and
- Donald Solomon on his own behalf and on behalf of the Wangan and Jagalingou People QUD85/04.

The purpose of this ILUA is to upgrade and convert the leases over pastoral holding Lot 664 on Crown Plan PH 2061.
Detailed Information:
Details of the Agreement

Commencement

The date of commencement of the ILUA is not specified. However, it is clear that the agreement will operate until the surrender, withdrawal, forfeit or other permanent cessation of the Tenure under the Land Act 1994 (QLD).

Agreement

The parties to the ILUA agree that Subdivision P of Division 3, Part 2 of the Native Title Act 1993 (Cth), which concerns the right to negotiate, does not apply to the grant of Tenure A and B.

Tenure A means the upgrade of the existing term lease over pastoral holding Lot 664 on Crown Plan PH 2061 to a perpetual lease under Division 3 of Part 3 of Chapter 4 of the Land Act 1994 (QLD).

Tenure B means the conversion of any perpetual lease over the same Lot as Tenure A to an interest in fee simple under Division 3 of Part 3 of Chapter 4 of the Land Act 1994 (QLD).

The parties agree to the grant of Tenure A as well as Tenure B. Tenure B, however, is subject to the application of the non-extinguishment principle. The parties also agree to any other action taken by the State of Queensland or the Proponent reasonably necessary to give effect to the grant of Tenure A and B.

The parties acknowledge that by agreeing to the above, they are also providing the requisite consent for the doing of these acts for the purposes of section 24EB(1)(b) of the Native Title Act 1993 (Cth), concerning the effect of registration on proposed acts covered by Indigenous land use agreements, and regulation 7(5)(a) of the Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth), concerning application for registration of area agreements.

Native Title in the ILUA Area

The Jangga people lodged a native title application in 1998. The application was accepted for registration in 2000. In 2012, the Federal Court recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland.

The Gudjala people lodged a native title application in 2005 over a 19,167 square kilometre area between the Flinders and Kennedy highways south-west of Townsville. The Native Title Registrar, however, did not register the claim. Further applications to review this decision were dismissed. In 2009 'on remittal from the Full Court, Justice Dowsett considered whether or not the claim made in the Gudjala People #2 claimant application satisfied the conditions of the registration test found in ss. 190B(5), 190B(6) and 190B(7) of the Native Title Act 1993 (Cwlth) (the NTA). It was found that the claim did not meet these conditions, essentially because the factual basis provided was insufficient. Therefore, the application for review of the registration test decision was dismissed' (Native Native Title Tribunal).

The Wangan and Jagalingou people lodged a native title application over approximately 30,277 square kilometres of land between Clermont and Alpha, west of Rockhampton. Their application which was registered on 5 July 2004 but has not yet been determined by the Federal Court.

Related Entries

People
  • Jangga People
  • Wangan and Jagalingou People
  • Mr Stirling and Mrs Gail O'Sullivan - Signatory
  • Ian McLennan on his own behalf and on behalf of the Jangga People - Signatory
  • Andrew (Smokey) Anderson on his own behalf and on behalf of the Gudjala People QUD80/05 and Gudjala People #2 QUD147/06 - Signatory
  • Donald Solomon on his own behalf and on behalf of the Wangan and Jagalingou People - Signatory

  • Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Native Title (Australia)

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