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Yirendali People Claim Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 2 December 2016
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements, per Schedule 1 of the agreement, identifies the agreement area as the all the land and waters within the 'Yirendali Claim Boundary'.

State/Country:Queensland, Australia
The area is within the jurisdiction of the Charters Towers Regional Council, the Flinders Shire Council, and the Richmond Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 December 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Tribunal File No.: QI2016/039.
Subject Matter:Access | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno= QI2016/039
Summary Information:

The Yirendali People Claim Resolution Indigenous Land Use Agreement (ILUA) was registered with the National Native Title Tribunal on 2 December 2016, under the Native Title Act 1993 (Cth) between:

  • the State of Queensland (acting through the Department of Natural Resources and Mines;
  • James Hill, Martina Jacobs and Jeffrey Lammermoor on their own behalf and on behalf of the Yirrendali People; and
  • the Yirendali Aboriginal Corporation. 

The purpose of the ILUA is to provide consent for the surrender and extinguishment of any native title rights and interests that may exist in relation to the agreement area. The agreement area covers about 40,365 sq km in the vicinity of Hughenden, in northern Queensland.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Detailed Information:

Details of the Agreement: 

The agreement area covers about 40,365 sq km in the vicinity of Hughenden, northern Queensland. 

Commencement: 

Clauses 1 (Definitions), 2 (Interpretation), 3 (Commencement and Expiry), 4 (Authority) and 16 (Registration of Agreement) commenced on the ILUA's execution date, 27 June 2016. 

The remaining clauses of the ILUA commenced upon registration, 2 December 2016. 

Termination:

The ILUA continues in perpetuity but may be terminated by:

  • the written agreement of the parties; or 
  • if the parties disagree about providing written termination, then by having resolved the disagreement in accordance with clause 20 of the ILUA.

Native Title Provisions: 

The Extract from the Register of Indigenous Land Use Agreements notes that the Agreement contains statements 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 triggered by this agreement.

Extinguishment:

The parties consent to the surrender and extinguishment of any native title in the agreement area to the State being valid upon the registration of the agreement.

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Future act provisions:

The parties consent to the validation of any future acts done by the State prior to the execution date to the extent that they were done invalidly.

Native Title in the ILUA Area:

The Yirendali People applied for a determination of native title in December 2006. There were 55 respondents, including the State of Queensland, local government, mining companies and pastoralists. The applicant was unable to fund the expense of the trial over the issue of connection set for 29 June 2015 and sought leave with the Federal Court of Australia (FCA) to discontinue the proceedings. The FCA dismissed the application and determined by consent that native title does not exist in the proceeding Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2015] FCA 300. (see FCA File No.: QUD495/2006; NNTT File No.: QCD2017/002).


Related Entries

Organisation
  • Yirendali Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • 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
  • James Hill, Martina Jacobs and Jeffrey Lammermoor on their own behalf and on behalf of the Yirendali People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/039 as at 06/09/201. - ( PDF | PDF)

    Glossary

    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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