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Birriah People and Collinsville, Scottsville and District Historical Society Inc Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 12 November 2018
Sub Category: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 the whole of Lot 111 of CP851562 and part of Lot 1 on AP11631.

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

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 18 March 2019. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2019/001
Subject Matter:Cultural Heritage | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/001
Summary Information:

The Birriah People and Collinsville, Scottsville and District Historical Society Inc Indigenous Land Use Agreement (ILUA) was, under the provisions of the Native Title Act 1993 (Cth), between the Birriah Aboriginal Corporation RNTBC and the Collinsville, Scottsville and District Historical Society Inc.

The agreement area covers about 41000 sq metres, in the vicinity of Scottsville and approximately 78 km south west of Bowen.

The purpose of the agreement is to consent to the dedication of a Reserve over the agreement area, and for the appointment of the Collinsville, Scottsville and District Historical Society as trustee of the Reserve to use and manage the area for cultural and historical purposes.

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

Detailed Information:

The agreement provides consent for the dedication of a Reserve over the agreement area and for the appointment of the District Historical Society as trustee of the Reserve to use and manage the agreement area for any cultural or historical purpose it sees fit, including:

  • the use of existing structures;
  • the maintenance and upgrade of any existing structures;
  • the construction of buildings or structures for cultural and historical purposes;
  • allowing public access to the area to view historical items;
  • the relocation to the site of historical buildings or other buildings for cultural and historical purposes;
  • the construction of public access tracks and walkways;
  • the relocation to the site or construction of accommodation for a caretaker;
  • the grant of any lease, licence or similar rights, tenure or approvals over the area provided that the area is to be used for cultural and historical or similar purposes; and
  • any other act necessary or desirable to give effect to the rights described in Clause 4.1 (a) to (c) (not detailed in the Extract) or that are reasonably required to be done for the purposes of the ILUA.
  • Commencement:

    The agreement commences on 12 November 2018, with the exception of clause 5 which commences upon registration.

    Termination:

    The ILUA will operate so long as the Society continues to use the agreement area for cultural or historical purposes unless terminated by agreement between the parties or in accordance with the terms of the agreement.

    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 acts described in clause 4.1(a) to (c) or anything reasonably required to be done for the dedication and use of the agreement area for cultural and historical purposes.

    Extinguishment

    The parties agree that the non-extinguishment principle applies - this means that under s24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

    Future act provisions

    The Extract notes that there are no statements within the ILUA of the kind which are mentioned in ss24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered. 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 in the consent determination proceeding Miller on behalf of the Birriah People v State of Queensland, QUD6244/1998. National Native Title Tribunal No. QCD2016/001.


    Related Entries

    Agreement
  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • National Native Title Tribunal
  • Birriah Aboriginal Corporation RNTBC - Signatory
  • Collinsville, Scottsville and District Historical Society Inc - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Birriah People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/001 as at18/03/2019 (Birriah People and Collinsville, Scottsville and District Historical Society Inc ILUA). - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Body Corporate Agreement (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Non-Extinguishment Principle | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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