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Waanyi - Burke Shire Council (Gregory Solar Farm Project) Indigenous Land Agreement (ILUA)

Category: Agreement
Date: 12 March 2017
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 describes the area subject to this ILUA, per Schedule 1 of the Agreement, as Lot 11 on Plan 13658 and Lot 5 on SP265803

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

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 22 June 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Tribunal File Number.: QI2017/003.
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/003
Summary Information:

The Waanyi - Burke Shire Council (Gregory Solar Farm Project) Indigenous Land Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth) between:

  • the Waanyi Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC),
  • the Burke Shire Council, and
  • the State of Queensland acting through the Department of Natural Resources and Mines Aboriginal and Torres Strait Islander Land Services.

The purpose of the agreement is to provide consent for the surrender of the Waanyi People's native title rights and interests over the two lots within the agreement area.

The agreement area covers about 14 ha, consisting of Lot 11 on AP13658 and part of Lot 5 on SP265803 within the township of Gregory, in the vicinity of the Gregory Showground. The area is about 105 km south of Burketown.

The Native Title Representative Body for this area is the Carpentaria Land Council Aboriginal Corporation.

Detailed Information:

The agreement area consists all the land and waters of Lot 11 on AP13658 and the part of Lot 5 on SP265803.

Commencement:

The agreement commenced on 12 March 2017 (the date that the last party signed the agreement). The surrender of native title (clause 7 of the agreement) commences on 22 June 2017 (the registration date).

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the surrender of the Waanyi Peopls's native title rights and interests as consented to under this agreement.

Extinguishment

The extract notes that the parties agree that the surrender of native title is intended to extinguish all native title rights and interests in the agreement area.

Future act provisions

The parties consnet to the surrender of native title rights and interests, over the agreement area, to the State of Queensland.

Native Title in the Agreement Area:

The agreement is located within the Waanyi People's area of native title as recognised in the Federal Court of Australia (FCA) proceeding, Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515 (FCA file no.: QUD6022/1999; NNTT file no.: QC1999/023).


Related Entries

Agreement
  • Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515
  • Organisation
  • National Native Title Tribunal
  • Waanyi Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) - Signatory
  • Burke Shire Council - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Waanyi People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/003 as at 6/9/2016 (Waanyi - Gregory Solar Farm Project ILUA) - ( PDF | PDF | PDF)

    Glossary

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

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