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Darumbal People/Moah Creek Indigenous Land Use Agreement (ILUA)

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

The Extract from the Register of Indigenous Land Use Agreements identifies the areas subject to this ILUA as the part of the lease area which is contained within Part A of the Darumbal People's native tItle claim (FCA File No.: QUD6131/1998), and described in Schedule 1 of the agreement as all the land and waters subject to Lot 99 on SP274426 (formerly described as Lot 4687 on PH2203) that falls wholly within the Darumbal People's native title determination application (FCA File No.: QUD6131/1998; NNTT File No.: QC2012/008) as accepted for registration on 23 November 2012.

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

Registered with the National Native Title Tribunal (NNTT) on 2 December 2016. This is an authorised area agreement under thre Native Title Act 1993 (Cth).

Legal Reference: Native Title Tribunal File No.: QI2016/030
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/030
Summary Information:

The Darumbal People/Moah Creek Indigenous Land Use Agreement (ILUA) was made between:

  • Gordon Thomas Hanrahan; and
  • Alan Douglas Hatfield, Warren John Malone, Rodney William Mann, Vanessa Ross, Amanda Meredith and Pauline Cora on behalf of the Darumbal People, under the Native Title Act 1993 (Cth).

The agreement area covers about 25 sq km, located approximately 30 km west of Rockhampton.

The purpose of the agreement is to provide consent for pastoral access on the lease area.

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

Detailed Information:

Details of the Agreement:

Commencement:

The agreement commences on the date that a determination of native title in favour of the Darumbal People is made (see 'Native Title in the Area' below), and will continue unless otherwise determined by the Darumbal People, subject to the agreed terms of termination as below.

In the event a determination recognising the right to possession and occupation of the agreement area, to the exclusion of all others, is made to persons other than the Darumbal People, the agreement will terminate at the date of that determination.

Termination:

The ILUA continues untill:

  • the date of experiy of the lease term, or
  • the date of surrender, resumption, forteiture or termination of the Lease, or
  • the date of removal of the agreement from the Register of Indigenous Land Use Agreements.

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 ease; or
  • 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

Native Title Provisions:

Future acts:

The Extract notes that there are no statements in the agreement which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native 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 Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the proceeding Hatfield on behalf of the Darumbal People v State of Queensland FCA [2016] on 21 June 2016 (see FCA File No.: QUD6131/1998; NNTT File No.: QCD2016/006).


Related Entries

Organisation
  • National Native Title Tribunal
  • Rockhampton Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Land Act 1994 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • People
  • Gordon Thomas Hanrahan - Signatory
  • Alan Douglas Hatfield & others on behalf of the Darumbal People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreement for QI2016/030 as at 06/09/2017 - ( PDF | PDF)

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