Jochheim and Gia People Indigneous Land Use Agreement (ILUA)
|Date: ||31 January 2014|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|Place:||15 km south west of Prosperine. |
|State/Country:||Queensland. , Australia|
|The Agreement Area covers Lots 2 & 3 on SP112425, being about 26 sq km and about 15 km South West of the town of Proserpine. The land falls within the Whitsunday Region. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 February 2014. |
|Legal Reference: ||National Native Title Tribunal File No.: QI2013/073|
|Subject Matter:||Future Act | Native Title | Native Title - Extinguishment|
|Summary Information: |
|The Jochheim and Gia People Indigenous Land Use Agreement (ILUA) is an Area Agreement between:|
- the State of Queensland, Department of Natural Resources and Mines (applicant);
- Patricia May Brimble, Raymond Wake, Marie Coleman and Elsie
Kyle on their own behalf and on behalf of the Gia People; and
- Mr Ludwig Benignus Jochheim.
The purpose of the ILUA is to provide for the surrender of native title over the land covered by the Agreement, for the purposes of extinguishment.
|Detailed Information: |
|Details of the Agreement|
The Extract does not identify a start date of the ILUA. The Agreement was registered with the National Native Title Tribunal on 23 April 2013.
Whilst the Extract does not stipulate a specific end date for the ILUA, it does note at Clause 4.1 that the Agreement will run for a period of 5 years which commences on the execution date, 31 January 2014.
The Agreement commences on the registration date, but clauses 2, 3, 12, 15, 16 and 21.5 commence on the execution date.
The Agreement operates to provide the parties' consent to:
a) the surrender of native title over the land covered by the ILUA for the purposes of extinguishment; and
b) the doing of 'future acts' in relation to the Agreement Area, as specified in clause 6.
The Extract states that the surrender of native title will take effect when the Governor in Council issues a deed of grant of freehold. It is also intended that this surrender will extinguish the Gia People's native title claim over the land covered by the ILUA.
Right to Negotiation
The Right to Negotiate as enunciated in Part 2 Division 3 Subdivision P of the Native Title Act 1993 does not apply to future acts which the parties have consented to.
Native Title in the ILUA area
Native Title History
The Gia People were involved in the case of Gia People v State of Queensland  FCA 1696. Orders were made as a result of repeated defaults by the applicants to comply with previous orders. There had been repeated non-compliance with Federal Court orders and further orders were made, that if not complied with, the application would be dismissed. In this case, Rares J held that in light of the history of non]compliance and lack of diligence in the prosecution of these matters by those representing the applicants, the applicants must regularise or reconstitute the claims within a reasonable time.