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The Birriah People Protected Areas Indigenous Land Use Agreements (ILUA)

Category: Agreement
Date: 27 September 2016
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The extract from the Register of Indigenous Land Use Agreements identifies the land and water areas subject to this ILUA, per Schedule 1 of the agreement, as part of Lot 19 on GS1001 (White Blow Regional Park), those parts of Lot 141 on NPW1152 (Mount Aberdeen National Park) that are within the external boundary of the Birriah Claim and which do not include the area formerly described as Lot on SP232519; and the part of Lot 1 on CP866146 which is within the external boundary of the Birriah Claim and which is intended to be dedicated as National Park and named the Redcliffe Table and Regional Park 1 and the Redcliffe Tableland Regional Park 2 (howsoever described by lot and plan references once dedicated).

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

Registered with the National Native Title Tribunal on the Register of Indigenous Land Usage Agreements on the 27th of September 2016. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: Native Title Tribunal File number: QI2016/034
Subject Matter:Collaboration / Partnership | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/034
Summary Information:

The Birriah People Protected Areas Indigenous Land Use Agreements ('ILUA') was agreed between:

  • the State of Queensland acting through the Department of Natural Resources and Mines;
  • David Miller, Colin McLennan, Gracelyn Smallwood, Algon Walsh Jnr and Frank Fisher on their own behalf and on behalf of the Birriah People;
  • the Birriah Aboriginal Corporation; and
  • the Birriah Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The Agreement Areas cover about 318 sq km, located in the vicinity of Collinsville. The three parts are approximately 33 km to the north, 50 km to the south and 110 km north west of Collinsville.

The purpose of the ILUA is to determine and establish a New National Park Area.

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:

Commencement:

In relation to the New National Park Area, the ILUA commences when the New National Park Area is dedicated as National Park.

Termination:

Subject to clauses 3.3 to 3.7, the ILUA continues perpetually.

Subject to clause 3.4 the ILUA may be terminated by written agreement of the parties.

The content of the above clauses is not described in the Extract to the ILUA.

Native Title Provisions:

The ILUA does not provide consent for the doing of any acts my 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 validate any previous future acts.

The Parties acknowledge that, on and from the date of the ILUA, the Prescribed Body Corporate (the Birriah Aboriginal Corporation ('BAC')) becomes the Registered Native Title Body Corporate for the determination of native title (see details below). Under the PBC Regulations, the BAC will have the function of managing the native title rights and interests of the Birriah People, and the power to enter into agreements to perform that function, and that as a result this ILUA may be terminated by the written agreement of the BAC and the State.

Native Title in the ILUA Area:

The ILUA is within the native title area recognised by the Federal Court on 23 March 2016 in the consent determination Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271 (see Federal Court Number: QUD6244/1998; NNTT Number: QCD2016/001).


Related Entries

Agreement
  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • Birriah Aboriginal Corporation RNTBC - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Charters Towers Regional Council
  • Isaac Regional Council
  • Whitsunday Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • David Miller, Colin McLennan, Gracelyn Smallwood, Algon Walsh Junior and Frank Fisher (Birriah People) - Signatory
  • Birriah People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/034 as at 27/09/2016 (Birriah People Protected Areas ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

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

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