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Yulluna People/Toolebuc Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 October 2014
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Toolebuc., Queensland, Australia
The Agreement Area covers about 67 sq km over parts of Lot 346 on SP255339 (Toolebuc Pastoral Lease) approximately 7 kilometres north-west and 15 kilometres north of Toolebuc. This falls within the Yulluna People Native Title determination (QUD189/2010;QC2010/001)and is in the Cloncurry Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No. QI2014/033
Subject Matter:Land Transaction | Land Use | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/033
Summary Information:
The Yulluna People/Toolebuc Indigenous Land Use Agreement (ILUA) was agreed between:

- Andrew William Jesse Daniels, Samuel Donald James Daniels, Gabrielle Kennedy, Jeffrey Robert James Daniels and Luke William Jesse Daniels;and

- Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3

on 10 October 2014.

The purpose of the Area Agreement is to grant consent by the Yulluna People to Andrew William Jesse Daniels, Samuel Donald James Daniels,
Gabrielle Kennedy, Jeffrey Robert James Daniels and Luke William Jesse Daniels to obtain a pastoral lease within the Agreement Area.
Detailed Information:
Details of the Agreement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 10 October 2014.

The extract notes that the Agreement takes effect on the date that a determination of Native Title is found in favour of the Yalluna People.

The Agreement will continue in force until:

- the expiry of the lease term
- the date the lease is surrendered, resumed, forfeited or terminated; or
- the date the Agreement is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions

The Extract notes that there are no statements of the kind within the Agreement 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 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 in the ILUA area

The entirety of the Agreement Area falls within the boundaries of Native Title determination application for the Yulluna People (QUD189/2010;QC2010/001) as accepted for registration on 16 July 2013.

On 1 June 2010, the Yulluna People applied for a determination of native title over an area of about 10,027 km2 in northwest Queensland, located south of Mt Isa and Cloncurry and to the west of Dajarra.

In the case of Sullivan on behalf of the Yulluna People #3 v State of Queensland [2014] FCA 659, Dowsett J determined that the Yulluna People hold non-exclusive native title rights in relation to the determination area.

Related Entries

Agreement
  • Yulluna People/Corrie Downs, Digby Peaks and Windsor Park (aka Willsdown) Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Cloncurry Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • People
  • Andrew William Jesse Daniels, Samuel Donald James Daniels,Gabrielle Kennedy, Jeffrey Robert James Daniels and Luke William Jesse Daniels - Signatory
  • Brian Sullivan, Valerie Punch, Hazel Sullivan, Stan Sullivan and Allan Naumann on their own behalf and on behalf of the Yulluna People #3 - Signatory

  • Documents

    Document
    Yulluna People/Toolebuc Indigenous Land Use Agreement (ILUA) -Extract - ( PDF)
    Yulluna People/Toolebuc Indigenous Land Use Agreement (ILUA) - Map and description of agreement area - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Applications/Claims (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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