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Birriah People and Castle Hill Exotics Pty Ltd Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date To: 9 March 2000
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:In the vicinity of Lake Dalrymple
State/Country:Queensland, Australia
The agreement area is within the jurisdiction of the Charters Towers Regional Council.
Legal Status:

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 10 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: QI2016/046.
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/046
Summary Information:

The Birriah People and Castle Hill Exotics Pty Ltd Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Castle Hill Exotics Pty Ltd;
  • the Birriah Aboriginal Corporation;
  • Frank Fisher and others on their own behalf and on behalf of the Birriah People; and
  • the State of Queensland acting through the Department of Natural Resources and Mines.

The agreement area covers about 417 hectares located between the Burkedin Falls Dam Road and the eastern foreshore of Lake Dalrymple, 5 km west of Burkedin Falls Dam.

The purpose of the agreement is to provide consent for the extinguishment of the Birriah People's native title over the agreement area.

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

Detailed Information:

Agreement area:

The agreement area covers about 417 hectares located between the
Burkedin Falls Dam Road and the eastern foreshore of Lake Dalrymple, 5
km west of Burkedin Falls Dam. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the agreement, as all the land and waters in Lot 13 on MRY45, which is to be cancelled and replaced by Lots 1,2, and 3 on SP289533.

Commencement:

The agreement commenced on 9 November 2018 (the date it was signed by the last party). It was entered on to the Register of Indigenous Land Use Agreements on 10 March 2017.

Termination:

The agreement can be ended by the written agreement of the parties.

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.

Extinguishment

The parties agree that the Birriah People's surrender of their native title rights and interests is intended to extinguish those rights and interests over the agreement area. However, the non-extinguishment principle doe apply to the Balance Area (see Schedule 1 of the agreement attached below).

Future act provisions

The parties agree that the surrender of the Birriah People's native title over the area takes effect upon the registration of the agreement. The parties also consent to the validation of any agreed acts done invalidly by the State prior to registration.

Native Title in the Agreement Area

The agreement area is within the area of native title recognised in Miller on behalf of the Birriah People v State of Queensland (no 2) [2016] FCA 1434 (Birriah People Part B) (FCA file no.: QUD6244/1998; NNTT file no.: QCD2016/011).


Related Entries

Agreement
  • Miller on behalf of the Birriah People v State of Queensland (No 2) [2016] FCA 1434
  • Organisation
  • National Native Title Tribunal
  • Castle Hill Exotics Pty Ltd - Signatory
  • Birriah Aboriginal Corporation RNTBC - 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
  • David Miller & others on the behalf of the Birriah People - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract for QI2016/046 as at 17/06/2020 (Birriah People and Castle Hill Exotics Pty Ltd ILUA) - ( Thumbnail | 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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