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Investigator Road Mooring Buoy Removal Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 22 December 2016
Date To: 22 December 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

South Wellesley Island, Gulf of Carpentaria

State/Country:Queensland, Australia
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 24/02/2017. This is an authorised a Body Corporate Agreement under the Native Title Act 1993 (Cth).

Legal Reference: Native Title Tribunal File Number: QI2016/060.
Subject Matter:Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/060
Summary Information:

The Investigator Road Mooring Buoy Removal Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between MMG Century Limited and the Gulf Region Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The purpose of the agreement is to consent to MMG Century Limited removing the mooring buoy from the agreement area.

The agreement covers an area of about 6,000 sq m in the seas known as Investigator Road within the South Wellesley Islands, Gulf of Carpentaria.

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

Detailed Information:

Details of the Agreement:

Agreement Area

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule one of the agreement, as all the land and waters within an area approximately 6,000 sq ms, centred at longitude 139 degrees 54.3 minutes 54.3 seconds East and Latitude 17 degrees 7 minutes 15 seconds South. (Schedule one is attached below under documents).

Commencement:

The agreement operates for a period of two years, from 22 December 2016 until 22 December 2018. It operates as an ILUA from its date of registration, 22 February 2017.

Termination:

The parties agree that no breach of this agreement by any party will give the other party the right to terminate this agreement. The party may exercise any other remedy available to it under the law in respect of a breach.

Some clauses, unspecified in the extract, survive the expiry or termination of the agreement.

Native Title Provisions:

Future act provisions

The parties agree to:

  • the removal of the mooring buoy;
  • the grant of any interest reasonably required for the removal of the mooring buoy; and
  • the doing of anything reasonably required to achieve the above two acts.

The Gulf Region Aboriginal Corporation's consent for the above is subject to substantial compliance by MMG with its obligations under the agreement.

MMG Century Ltd agrees to remove the Mooring Buoy in accordance with the agreed removal process, and to:
  • give Gulf Region Aboriginal Corporation at least 30 days written notice of the specific days during which MMG proposes to remove the mooring buoy; and
  • to make all reasonable arrangements to facilitate the four Kaiadilt People monitors being present during the removal of the mooring buoy.

Native Title in the Area:

This agreement is located within the native title determination area of the Federal Court of Australia (FCA) proceeding The Lardil Peoples v State of Queensland [2004] FCA 298. (FCA File No.: QUD207/1997, NNTT File No.: QCD2004/001.)


Related Entries

Organisation
  • National Native Title Tribunal
  • Gulf Region Aboriginal Corporation - Signatory
  • State of Queensland
  • MMG Century Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/060 as at 24/02/2017 Investigator Road Mooring Buoy Removal ILUA - ( Thumbnail | PDF | PDF)

    Glossary

    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) | Aboriginal and Torres Strait Islander (Australia)

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