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Warrungu Protected Areas Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 October 2013
Date To: 4 October 2023
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:On the Gorge Range, 41 km south west of the town of Cardwell. , Queensland. , Australia
The agreement area covers about 1.6 sq km on the Gorge Range within the Tablelands Regional Council are. It is about 41 km southwest of the town of Cardwell, in Far North Queensland.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 January 2014.
Legal Reference: National Native Title Tribunal File No.: QI2013/081
Subject Matter:Access | Native Title | Recognition Agreement / Acknowledgement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/QLD_-_Registered_ILUA_-_Warrungu_Protected_Areas_ILUA_QI2013_081.aspx
Summary Information:
The Warrungu Protected Areas Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:

- State of Queensland, Aboriginal and Torres Strait Islander Land Services (applicant);

- Reginald Joseph Morganson, Danny Hooligan and Walter Blohm on their own behalf and on behalf of the Warrungu People;

- Goondaloo Aboriginal Corporation; and

- Wet Tropics Management Authority.

The purpose of the ILUA is to establish how native title rights and interests are to be exercised in the Girringun National Park.
Detailed Information:
Details of the agreement

Commencement

The start date of the Agreement is not specified in the Extract but the ILUA is said to commence on the execution date. The ILUA was registered with the National Native Title Tribunal on 7 January 2014.

The end date of the ILUA is 4 October 2023. Clause 3.3 provides that the Agreement will run for a period of ten years from the execution date.

Clause 3 sets out the circumstances in which the Agreement can be terminated. These circumstances are:

- Written agreement between the parties to agree to terminate. This is subject to the condition where a native title determination covers the entire ILUA area, resulting in the Goondaloo Aboriginal Corporation becoming the Registered Native Title Body Corporate (and performing the function of managing the Native Title rights and interests of the Warrungu People). In this case the Agreement can be terminated by written agreement between the Goondaloo Aboriginal Corporation, the Wet Tropics Management Authority and the State only.

- If the Federal Court finds that native title does not exist in part of the ILUA area or that native title in part of the ILUA area is held by people other than the Warungu People, the Agreement expires in relation to the ILUA area subject to the determination whilst remaining in force in the unaffected part of the ILUA area.

- If a Regulated Management Plan comes into effect:
(a) which regulates the exercise of Native Title Rights and Interests in relation to part of the ILUA Area in terms substantially the same as clauses 5.2, 5.4 and 5.5; and
(b) for which an ILUA has been Registered in relation to the regulation of Native Title Rights and Interests under the Regulated Management Plan, this Agreement expires in relation to that part of the ILUA Area to which the Regulated Management Plan relates and continues in force in relation to the remainder of the ILUA Area.

- If a substitute ILUA is registered in relation to all or part of the ILUA Area, this Agreement expires in relation to that part of the ILUA Area covered by the Substitute ILUA and continues in force in relation to any part of the ILUA Area not covered by the Substitute ILUA.

Native Title Provisions

Future Acts

The 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.


Background to the Agreement:

Native Title in the ILUA Area

The Warrungu People were claimants in the native title determination application (Tribunal file no.: QC2004/008, Federal Court no.: QUD111/2004). This claim was originally made in 2004 and has has now been fully determined.

The case of Morganson on behalf of the Warrungu People #2 v State of Queensland [2013] FCA 957 found that native title existed in the entire determination area. The Goondaloo Aboriginal Corporation became the Registered Native Title Body Corporate.

The date of the determination was 23 September 2013. It became the 86th native title determination made in Queensland and the 80th by consent.

The Warrungu determination recognises exclusive native title rights and interests over 25.5 hectares of land and non-exclusive native title rights and interests over an area of approximately 192,400 hectares of land west of Cardwell. The determination area includes areas of unallocated State land, national park, leasehold land and a camping reserve.

Queensland Minister for Natural Resources and Mines, The Honourable Andrew Cripps, issued a media statement where he said that the decision reflected "the importance of acknowledging the Warrungu People's connection to their lands and preserving that land for future generations." He also spoke of the determination and ILUA being the culmination of "hard work and a genuine commitment by all parties involved in the native title process."

Related Entries

Organisation
  • State of Queensland - Signatory
  • Wet Tropics Management Authority - Signatory
  • Goondaloo Aboriginal Corporation RNTBC - Signatory
  • Tablelands Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Reginald Joseph Morganson, et al - Signatory
  • Case Law
  • Morganson on behalf of the Warrungnu [Warrungu] People #2 v State of Queensland [2013] FCA 957

  • Documents

    Map
    Warrungu Protected Areas ILUA - Map - ( PDF)
    Warrungu Protected Areas ILUA - Commencement and Expiry - ( PDF)
    Warrungu Protected Areas ILUA - Extract - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Native Title Determination (Australia) | Native Title Applications/Claims (Australia) | National Native Title Tribunal (NNTT) (Australia) | Representative Body | Body Corporate Agreement (Australia) | Applicant | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Park | State Government | Legislation | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Representative Body (NTRB) (Australia)

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