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Barada Barna People, Widi People and Local Government Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 30 August 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:Nebo Area
State/Country:Queensland, Australia
The ILUA is located in the local government region of Isaac Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 30 August 2016. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: QI2016/014.
Subject Matter:Access | Economic Development | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/014
Summary Information:

The Barada Barna People, Widi People the Local Government Indigenous Land Use Agreement (ILUA) was agreed between the Issac Regional Council, the Barada Barna People, the Widi People of the Nebo Estate #2, the Barada Barna People Aboriginal Corporation and the Gangali Narra Widi Aboriginal Corporation.

The Agreement Area covers about 861 sq km, located approximately 60 km south of Mackay in
the vicinity of Nebo.

The purpose of the ILUA is to provide consent for the local government to access the land for government and development purposes.

The Native title Representative Body for this area is Queensland South Native Title Services.

Detailed Information:

Details of the Agreement:

The agreement area covers about 861 sq km, located approximately 60 km south of Mackay in
the vicinity of Nebo.

Commencement
The agreement has effect as an ILUA from 30 August 2016 (the registration date) and applies indefinitely until it is terminated. The terms for a termination are not specified in the attached extract.

Native Title Provisions

right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any acts agreed to under this ILUA.

future acts

The parties agree that the local government can undertake low native title impact activities on the land, as outlined in schedule 7 of the agreement. For details of what constitutes low native title impact activities see schedule 7 attached below under documents.

Low native title impact activities include:

  • maintenance, low impact infrastructure, low impact tenure grants over land or waters, pest control, contractual obligations, operational activities, access and site investigation, emergencies, management agreements with third parties, and low impact or agreed works.

The parties agree that the local government can undertake high native title impact activities if the native title party is given notice, consulted, and agreement is reached. For details of what constitutes high native title impact activities see schedule 8 attached below under documents.

High native title impact activities include:

  • high impact infrastructure and works, high impact tenure grants over land and waters, and conduct that prevents the exercise of native title.

Native Title in the ILUA Area:

The agreement area includes all the land and waters within the external boundary of native title determination application QUD380/2008 Barada Barna Peoples (QC2008/011); that is subject to native title determination application QUD492/2013 Widi People of the Nebo Estate #2 (QC2013/006).


Related Entries

Agreement
  • Budby on behalf of the Barada Barna People v State of Queensland (No 6) [2016] FCA 1267
  • Pegler on behalf of the Widi People of the Nebo Estate #2 v State of Queensland (No 3) [2016] FCA 1272
  • Organisation
  • Isaac Regional Council - Signatory
  • Barada Barna Aboriginal Corporation RNTBC - Signatory
  • Gangali Narra Widi Aboriginal Corporation RNTBC - Signatory
  • National Native Title Tribunal
  • Queensland South Native Title Services Limited
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Eileen Beryl Pegler and others on behalf of the Widi People of the Nebo Estate - Signatory
  • Les Budby and Cecil Brown Jnr on behalf of the Barada Barna People - Signatory
  • Barada Barna People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/014 as at 06/09/2017 (Barada Barna People, Widi People and Local Government ILUA) - ( Thumbnail | PDF | PDF | PDF | PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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