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Kondaparinga Station Body Corporate Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 5 February 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Kondaparinga Station, Queensland, Australia
The agreement area covers land within Lot 5112 on Plan HG843453 being the area of the Lease. The agreement area covers about 1493 sq km located 66km south west of Mossman in the vicinity of Mt Mulligan covering Kondaparinga Pastoral Holding (Lot 5112 on HG843453).
Legal Status: Registered with National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 5 February 2012. This is an Indigenous Land Use Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.:QI2012/095.
Alternative Names:
  • Kondaparinga Station ILUA
  • Subject Matter:Access | Native Title | Pastoral Activities
    URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Kondaparinga_Station_Body_Corporate_ILUA_QI2012_095.aspx
    Summary Information:
    The Kondaparinga Station Body Corporate Indigenous Land Use Agreement (ILUA) was agreed between:

    -The Kuku Djungan Aboriginal Corporation;
    -Mr James Archer,Mr George Archer,Mr Walter Richards Snr, Mr Kenneth Jackson, Ms Lola Brown, Mr Alfred Neal Snr, Mr Percy Neal, Mr Saul Burns Snr, Mr Ernie Burns, Mr Vincent Wason, Mr Maxwell Underwood, Mr Andrew Garrett on their own behalf and on behalf of the Djungan People; and
    -The Nguddaboolgan Native Title Aboriginal Corporation

    on 5 February 2013.

    The purpose of the Body Corporate ILUA is to provide consent for a range of acts, whether or not they are 'future acts'. The extract does not specifically identify the purpose of the ILUA.
    Detailed Information:
    Details of the Agreement

    Commencement

    The ILUA commenced operation on the 5 February 2013.

    Native Title Provisions

    The ILUA 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 has been recognised by Consent Determination (QUD6116/1998)in favour of the Djungan People.

    Parties to the Agreement

    The Kuku Djungan Corporation provides Aboriginal and Torres Strait services including coordinating Community Development Employment Projects (CDEP).

    The Djungan People are the native title holders of the area.

    The Nguddaboolgan Native Title Aboriginal Corporation represents the Djungan people and holds native title on their behalf, administering land owned by the Djungan People.

    Kondaparinga Station
    In 1991 Djungan people formed the Kuku Djungan Aboriginal Corporation and purchased Kondaparinga Station and Ngarrabullgan, (Mt Mulligan) for the Djungan people. Mt Mulligan was subsequently declared a National Park which is jointly managed with the Djungan people.

    Native Title in the ILUA area

    Native Title was recognised in the consent determination of Archer on behalf of the Djungan People #3 v State of Queensland [2012] FCA 801 in favour of the Djungan People on 2 August 2012. The Federal Court recognised the Djungan People's rights to more than 182,000 hectares of land in North Queensland.

    This included exclusive rights to possession, occupation, use and enjoyment over approximately 149,915ha in and around Mount Mulligan, west of Mareeba and non-exclusive camping, hunting and travel rights over an additional 33,058ha. The land includes Land Act reserves, pastoral leases and some leasehold and unallocated State Land.

    Related Entries

    Agreement
  • Archer on behalf of the Djungan People #4 v State of Queensland [2012] FCA 801
  • Archer on behalf of the Djungan People #3 v State of Queensland [2012] FCA 801
  • Archer on behalf the Djungan People #2 v State of Queensland [2012] FCA 801
  • Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801
  • Organisation
  • National Native Title Tribunal
  • Kuku Djungan Aboriginal Corporation - Signatory
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Djungan People - Signatory

  • References

    General Reference
    National Native Title Tribunal (2013) Extract from Register of Indigenous Land Use Agreements - Kondaparinga Station Body Corporate ILUA
    Media Release
    Queensland Government (02/08/2012) Djungan People’s native title rights recognised
    Newspaper Article
    Herald Sun (02/08/2012) Djungan people win native title in FNQ

    Documents

    Map
    Kondaparinga Station Body Corporate Indigenous Land Use Agreement - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Body Corporate Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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