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Warrungu People/Yourka Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 September 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:In the vicinity of Tully, Queensland, Australia
The Agreement Area covers about 5 sq km approx 40 km south west of Tully. This area falls within the boundaries of Tablelands Regional Council. The Agreement Area covers all the land and waters within Lot 2944 on PH1182 (Yourka Pastoral Holding). Yourka Pastoral Holding is situated on the land and waters of the Warrungu People #2 Native Title determination.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 16 September 2014. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth)
Legal Reference: National Native Title Tribunal File No.:QI2014/059
Subject Matter:Access | Land Use | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/059
Summary Information:
The Warrungu People/Yourka Indigenous Land Use Agreement (ILUA) was agreed between:

- Reginald Joseph Morganson, Danny Hooligan and Walter Blohm (Warrungu Party);

- Goondaloo Aboriginal Corporation RNTBC; and

- Australian Bush Heritage Fund.

The purpose of this Body Corporate Agreement is to provide consent by the Warrungu People with respect to the use of the land called 'Yourka Pastoral Holding'.
Detailed Information:
Commencement

The Agreement was registered with the National Native Title Tribunal (NNTT) on 16 September 2014.

The Extract notes that the Agreement commenced on 23 September 2013, being the date of the determination of Native Title by the Federal Court in favour of the Warrungu People.

Where a Determination recognises the exclusive right to possession and occupation of land within the Agreement Area is made in favour of persons other than the Warrungu People, the Agreement will terminate on the date of such a Determination. Contrastingly, if a Determination is made in favour of the the Warrungu People the Agreement will continue unless otherwise determined by the Warrungu People.

The Extract outlines Clause 5.5, which provides that the Agreement will terminate where Native Title is validly extinguished within the Agreement Area.

Native Title Provisions

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.

Native Title in the ILUA Area

The Agreement area falls within the land and waters of Native Title Determination Application Warrungu People #2 (QC2004/008; QUD111/2004).

In Morganson on behalf of the Warrungnu [Warrungu] People #2 v State of Queensland [2013] FCA 957 it was found that Native title exists in the entire determination area.

Related Entries

Agreement
  • Morganson on behalf of the Warrungnu People #2 v State of Queensland [2013] FCA 957
  • Organisation
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • National Native Title Tribunal
  • Australian Bush Heritage Fund - Signatory
  • Tablelands Regional Council
  • Goondaloo Aboriginal Corporation RNTBC - Signatory
  • 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
  • Reginald Joseph Morganson, Danny Hooligan and Walter Blohm - Signatory
  • Warrungu people - Signatory
  • Case Law
  • Morganson on behalf of the Warrungnu [Warrungu] People #2 v State of Queensland [2013] FCA 957

  • Documents

    Document
    Warrungu People/Yourka Indigenous Land Use Agreement (ILUA) - Extract - ( PDF)
    Warrungu People/Yourka Indigenous Land Use Agreement (ILUA) - Schedule 1 Description of Agreement Area. - ( PDF)

    Glossary

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

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