printable versionPrint this page

Barada Barna People/Oben Park (aka Harrybrandt West) Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 29 June 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place: Lot 5270 on Plan SP144274
State/Country:Queensland , Australia
The areement is within the jurisdiction of Isaac Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 31 August 2018. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No: QI2016/012.
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/012
Summary Information:

Barada Barna People/Oben Park (aka Harrybrandt West) Indigenous Land Use Agreement ('ILUA') was agreed between Les Budby and Cecil Brown Jr on behalf of the Barada Barna People and Edward Martin Bella, Martin Joseph Bella, Peter Andrew Bella, Regena Frances Bella, Stephen Edward Bella, Robert James Bella, and Anthony John Bella.

The agreement area covers about 87 sq km, being Lot 5270 on Plan SP144274 (Harrybrandt West), located approximately 40 km east of Moranbah.

The purpose of the ILUA is to provide consent for a range of acts, whether or not they are 'future acts' regarding access to the area and the use of the pastoral lease.

The Native Title Representative Body ('NTRB') for this area is the North Queensland Land Council NTRB Aboriginal Corporation.

Detailed Information:

Details of the Agreement:

The agreement area covers about 87 sq km, being Lot 5270 SP144274 (Harrybrandt West), located approximately 40 km east of Moranbah. The agreement area is within the external boundary of the claim area for the Barada Barna People which was filed with the Federal Court of Australia ('FCA') on 12 November 2008 (FCA file no.: QUD380/2008; NNTT file no.: QC2008/011).

Commencement

The ILUA commenced on the date that a determination of native title was made in favour of the Barada Barna People, that being 29 June 2016. The agreement was entered onto the Register of Indigenous land Use agreements on 31 August 2016.

Termination

The agreement will end if either the pastoral lease ends or the agreement is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions

The ILUA does not include statements of the kind mentioned in subsections 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means that the parties agree that the right to negotiate provisions of the Native title Act apply to any activities undertaken by the pastoral lessee party. The non-extinguishment principle also applies, meaning that any activities done in conflict with the Barada Barna Peoples' native title rights and interests will not extinguish those rights and interests.

Native Title in the ILUA Area

The agreement area is within the area of native title recognised by the Federal Court of Australia proceeding Les Budby and Cecil Brown Jr & Ors on behalf of the Barada Barna People v State of Queensland (Barada Barna People) [2016] FCA 1271 (FCA file no.: QUD380/2008; NNTT file no.: QC2008/011).


Related Entries

Organisation
  • National Native Title Tribunal
  • Isaac Regional Council
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • 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
  • Edward Martin Bella & Others - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/012 as at 17/06/2020 (Barada Barna/Oben Park (aka Harrybrandt West) ILUA) - ( Thumbnail | PDF)

    Glossary

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

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey