printable versionPrint this page

Darumbal People/Baven Indigenous Land Use Agreement (ILUA)

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

The Extract from the Register of Indigenous Land Use Agreements, per Schedule 1 of the agreement, identifies the agreement area as the part of Lot 4531 on PH1298 (the lease area) that falls wholly within the Daruumbal native title determination application (Federal Court File No.: QUD6131/1998; Native Title Tribunal File No.: QC2012/008) as accepted for registration on 23 November 2012.

State/Country:Queensland , Australia
The area is within the jurisdiction of the Livingstone Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Usage Agreements on 2 December 2016. This is an authorized area agreement under the Native Title Act 1993 (Cth).

Legal Reference: Native Title Tribunal File Number: QI2016/042
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/042
Summary Information:

The Darumbal People/Baven Indigenous Land Use Agreements (ILUA) was made under the Native Title Act 1993 (Cth) between:

  • Elwyn McDowell Rea, Joanne Belle Rea and Andrew Clyde McDowell Rea; and
  • Alan Douglas Hatfield, Warren John Malone, Rodney William Mann,Vanessa Ross, Amanda Meredith and Pauline Cora on behalf of the Darumbal People

The agreement area cover about 8 sq km, about 80 km north west of Rockhampton.

The purpose of the agreement is to provide consent for access and pastoral activities.

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

Detailed Information:

Details of the Agreement:

Commencement and Termination:

The agreement takes effect on the the date that a determination of native title in favour of the Darumbal People is made and continues until:

  • the expiry date of the lease term; or
  • the date of surrender, resumption, forfeit or termination of the lease; or
  • the date of removal of the agreement from the Register of Indigenous Land Use Agreements.

The parties agree that subject to the provisions of the Land Act 1994 (Cth), the agreement will not terminate if:

  • the lease has expired but application has been made for renewal, or other action has been taken, under the provisions of the Land Act 1994 (Cth) for continuity of the lease; or
  • the 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 a area tenure under the Nature Conservation Act 1992 (Qld) (the 'NCA')

Native Title Provisions:

Future acts:

The Extract notes that there are no statements in the agreement which are mentioned in subsections 24EB(1) or 24EBA(1) or (4) of theNative Title Act 1993(Cth). This means that the agreement does not provide consent for the doing of any acts by non-native title parties.

Native Title in the Agreement Area:

The agreement area is within the area of native title recognised by the Federal Court of Australia (FCA) on 21 June 2016 in the consent determination Hatfield on behalf of the Darumbal People v State of Queensland [2016] FCA (see FCA File No.: QUD6131/1998; NNTT File No.: QCD2016/0061).


Related Entries

Organisation
  • Queensland South Native Title Services Limited
  • Livingstone Shire Council
  • State of Queensland
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Elwyn McDowell Rea, Joanne Belle Rea and Andrew Clyde McDowell Rea - Signatory
  • Alan Douglas Hatfield & others on behalf of the Darumbal People - Signatory
  • Darumbal People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/042 as at 06/09/2017 - ( PDF | PDF)

    Glossary

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

    Google
    Top of page

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