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Iman People #2 Comely and Mapala Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 October 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 3 of the Agreement, as Lot A on Plan SP104409, and the parts of Lot 4736 on Plan PH1907 (Comely) and Lot 7 on Plan BH297 (Mapala) that lie south and east of a line extending generally northerly and easterly through the given coordinate points.

State/Country:Queensland, Australia
The area is within the jurisdiction of the Central Highlands Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Tribunal File No.: QI2016/019.
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/019
Summary Information:

The Iman People #2 Comely and Mapala Indigenous Land Use Agreement (ILUA) is an area agreement that was made under the Native Title Act 1993 (Cth), on 23 June 2016, between the Iman People #2 Party and the Consolidated Pastoral Company Pty Limited.

The area covers about 121.2 sq km, approximately 87.1 km north-west of Taroom, Queensland.

The Extract from the Register of Indigenous Land Use Agreements describes the agreement area as that part of the land leased by the Consolidated Pastoral Company Pty Ltd, under the Land Act 1994 (Qld) ('Land Act'), that lies within the Iman People #2 native title claim area.

The purpose of the ILUA is to confirm arrangements in relation to pastoral activities, prior to the determination of the Iman People #2 native title claim being made.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is Queensland South Native Title Services Ltd.

Detailed Information:

Commencement:

The ILUA commenced on the date of the successful native title determination, 23 June 2016, and continues until:

  • the term of the Lease expires; or
  • the date of surrender, resumption, forfeit or termination of the Lease; or
  • the date the ILUA is removed from the Register of Indigenous Land Use Agreements.

In the event of a determination recognising the Iman People #2's exclusive native title rights and interests, the ILUA continues unless otherwise determined by the Iman People #2.

Termination:

If an exclusive determination of native title rights and interests is made in relation to persons other than the Iman People #2 then the ILUA ends at the date of the determination.

Subject to the provisions of the Land Act, the ILUA will not terminate if:

  • the Lease has expired but application has been made for renewal or another action has been taken under the provisions of the Land Act for continuity of the Lease;
  • land dealings on the Lease in the form of subdivisions, amalgamations, additional areas or conversion to a perpetual tenure result in a new lease being issued; or
  • the Lease or part of the Lease is converted to protected area tenure under the Nature Conservation Act 1992 (Qld).

Native Title Provisions: 

The Extract notes that there are no statements within the ILUA of the kind mentioned in subsection 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 does it validate any previous future acts.

Native Title in the ILUA Area:

The ILUA is within the native title area recognised by the Federal Court on 23 June 2016 in the consent determination Doyle on behalf Of the Iman People #2 v State of Queensland [2016] FCA 743 (see Federal Court Number: QUD6162/1998; NNTT Number: QCD2016/005).


Related Entries

Agreement
  • Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743.
  • Organisation
  • Consolidated Pastoral Company Pty Ltd - Signatory
  • National Native Title Tribunal
  • Central Highlands Regional Council
  • Queensland South Native Title Services Limited - Aboriginal Representative Party
  • Legislation
  • Land Act 1994 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • Native Title Act 1993 (Cth)
  • People
  • Richard Doyle & others on behalf of the Iman People #2 - Signatory

  • Documents

    Document
    Iman People #2 Comely and Mapala ILUA - Extract from Register of Indigenous Land Use Agreements - ( PDF | PDF | PDF)

    Glossary

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

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