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Barada Barna People/Logan Creek and Cherwell Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 31 August 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:The agreement area covers the portions of Lot 5299 on Plan SP276142 and Lot 59 on Plan SP235297 that fall within native title determination application QUD380/2008 Barada Barna People (QC2008/011).
State/Country:Queensland , Australia
The ILUA is within the jurisdiction of Isaac Shire Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 August 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: QI2016/011.
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/011
Summary Information:

The Barada Barna People/Logan Creek and Cherwell Indigenous Land Use Agreement (ILUA) was agreed between the Barada Barna People, Robert Alan O'Sullivan and Raye Marilyn O'Sullivan on 31 August 2016.

The agreement area covers about 532 sq km, approximately 10 km northwest of Dysart.

The purpose of the agreement is to provide consent for access to lands that are subject to pastoral leases.

The Native Title Representative Body for the area is Queensland South Native Title Services Ltd.

Detailed Information:

Details of the Agreement:

The agreement area covers about 532 sq km, approximately 10 km northwest of Dysart.

Background to the Agreement

The agreement was made after the Barada Bada People had applied to the Federal Court for a determination of native title to be made over the area. That application was discontinued when a determination was made, on 29 June 2016, in favour of the Barada Barna People in Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271.

Commencement:

The agreement took effect from 29 June 2016, that is the date that the determination of native title was made. It will continue until either the term of the lease ends or the agreement is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions:

future acts

The Extract notes that there are no statements within the agreement of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means that the agreement does not provide consent to the doing of any acts by the non-native title party; affect the right of the native title party to negotiate with the non-native title party any proposal to undertake a future act; nor validate any previous future act.

Native Title in the ILUA Area:
The ILUA area is within the area of the Barda Barna People's native title which was determined in the Federal Court of Australia proceeding Budby on behalf of the Barada Barna People v State of Queensland (No 7) FCA 1271 (FCA file no.: QUD380/2008; NNTT file no.: QCD2016/007).


Related Entries

Organisation
  • National Native Title Tribunal
  • Isaac Regional Council
  • 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
  • Barada Barna People
  • Les Budby and Cecil Brown Jnr on behalf of the Barada Barna People - Signatory
  • Robert Alan O'Sullivan and Raye Marilyn O'Sullivan - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/011 as at 06/09/2017 (Barada Barna People/Logan Creek and Cherwell ILUA) - ( Thumbnail | PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers

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