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Jinibara-Cedar Hill Plant Harvesting Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 20 April 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 2 of the agreement, as the area where native title was determined by the Federal Court to exist (both exclusive and nom-exclusive areas) as described in the [Jinibara People's] native title determination.

State/Country:Queensland, Australia
The area is within the Brisbane City Council, Moreton Bay Regional Council, Somerset Regional Council and Sunshine Coast Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 13 July 2017. 

This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2017/004
Subject Matter:Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/004
Summary Information:

The Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Jinibara People Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC') and Cedar Hill Flowers & Foliage Pty Ltd.

The agreement area covers about 715 sq km, where native title exists, located north west of Brisbane. The area extends towards Eumundi in the north, Mt Crosby in the south, Linville to the west, and Caboolture to the east.

The purpose of the agreement is to consent to the State granting permits to Cedar Hills Flowers & Foliage Pty Ltd for the harvesting of certain species of plants in the agreement area in exchange for benefits payable by Cedar Hill Flowers & Foliage Pty Ltd to the RNTBC.

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

Detailed Information:

The agreement area covers the area of the Jinibara People's exclusive and non-exclusive native title as described in Schedule 1 of the Federal Court determination Murphy on behalf of the Jinibara People v State of Queensland [2012] FCA 1285 (see the Related Entity Agreement below).

Commencement:

The agreement commenced on the date that it was signed by all the parties (20 April 2017).

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the grants for the 'resource permits', 'new permits', and the extension or renewal of 'existing permits', or any other acts as consented to under the agreement.

Future act provisions

The parties consent to:
  • the State granting 'resource permits' to Cedar Hill Flowers & Foliage Pty Ltd for the harvesting of the Sticherus species (Umbrella Fern), Xanthorrhoea species (Steel Grass), Lomandra species (Typha) or Baloskion species (Dingo Fern) in compliance with the Nature Conservation Act 1992 (Qld). This includes permits to take, use, keep or interfere with the species listed above under s 9 of the Nature Conservation (Administration) Regulation 2006 (Qld), on or after 13 July 2017 (the registration date). This does not apply to already existing permits.
  • other acts which are necessary or practical to give effect to the granting of the above 'resource permits'.The parties also agree to not challenge the validity of those resource permits in the future;
  • the State granting 'new permits', on or after 13 July 2017 (the registration date), for the harvesting of species not specified under the above 'resources permits' and which comply with the Nature Conservation Act 1992 (Qld). This includes permits to take, use, keep or interfere with natural or cultural resources under s 9 of the Nature Conservation (Administration) Regulation 2006 (Qld);
  • other acts necessary or practical to give effect to the grant of the above 'new permits';
  • the granting of any 'new permit', as above, being subject to Cedar Hill Flowers & Foliage Pty Ltd giving notice to the Native Title Corporation of its intention to seek a new permit, with details of the species and area proposed, and agreeing that the Native tItle Body Corporate's consent is in exchange for benefits payable to the Native Title Body Corporate;
  • the renewal or extension of 'existing permits' for the harvesting of any species granted under the Nature Conservation Act 1992 (Qld) which includes permits to take, use, keep or interfere with natural and cultural resources under s 9 of the Nature Conservation (Administration) Regulation 2006 (Qld);
  • previous use authorities granted under s 36 of the Nature Conservation Act 1992 (Qld); and
  • sales permits granted under s 56 of the Forestry Act 1959 (Qld) which have been granted prior the the registration date and are still in force on the registration date.

Native Title in the Agreement Area:

The agreement area is located where the Jinibara People's native title (exclusive and non-exclusive) was recognised to exist in the Federal Court of Australia (FCA) determination Murphy on behalf of the Jinibara People v State of Queensland [2012] FCA 1285 (FCA file no.: QUD6128/1988; NNTT file no.: QCD2012/011) (see the Related Entity Agreement below).



Related Entries

Agreement
  • Murphy on behalf of the Jinibara People v State of Queensland [2012] FCA 1285
  • Organisation
  • National Native Title Tribunal
  • Jinibara People Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) - Signatory
  • Cedar Hill Flowers & Foliage Pty Ltd - Signatory
  • Brisbane City Council
  • Moreton Bay Regional Council
  • Somerset Regional Council
  • Sunshine Coast Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • Forestry Act 1959 (Qld)
  • People
  • Jinibara People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/004 as at 6/9/2016 (Jinibara-Cedar Hill Plant Harvesting ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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