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Nywaigi People Tenure Resolution Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 10 December 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

South East of Ingham

State/Country:Queensland, Australia
The area is within the jurisdiction of the Charters Towers Regional Council, Hinchinbrook Shire Council, and Townsville City Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 10 December 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2018/024.
Subject Matter:Future Act | Land Transaction | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2018/024
Summary Information:

The Nywaigi People Tenure Resolution Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between the State of Queensland (acting through the Department of Natural Resources, Mines and Energy), and the Warga Badda Nywaigi Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The ILUA area covers about 46 sq km, made up of 65 parcels of land situated southeast of Ingham and extending along the coastline from Taylors Beach to Balgal Beach.

The purpose of the ILUA is to provide consent for the surrender of native title over some of the ILUA area and the transfer of other areas to the Warga Badda Nywaigi Aboriginal Corporation for establishing a reserve.

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

Detailed Information:

ILUA Area

The ILUA area covers about 46 sq km, made up of 65 parcels of land situated southeast of Ingham and extending along the coastline from Taylors Beach to Balgal Beach. Schedule 1 of the ILUA, identifies the lots of land and waters that are subject top this ILUA (See Schedule 1, Part A attached below under documents). The Extract from the Register of Indigenous Land Use Agreements further identifies three categories of land existing within the agreement area:

  • land exchange lots, including lot 25 of USL39624 and lot 24 (East) of SP130995, to be surrendered to the State;
  • revenue share lots, including the lots detailed in schedule 3 attached below, to be surrendered to the State and the proceeds of the sale of which are to be shared between parties; and
  • Aboriginal Land Act 1991 (Qld) (ALA) lots, detailed in schedule 4, to be transferred to the Warga Badda Nywaigi Aboriginal Corporation for the purpose of establishing a reserve.

Commencement

The ILUA is binding from the date it was signed by all parties, 8 October 2018. It has effect as an ILUA, and in relation to the agreed acts, from registration on 10 December 2018.

Termination

The agreement may be terminated by the written agreement of both 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 agreed acts consented to by this agreement.

Extinguishment

The parties agree to the surrender of the native title rights and interests in the land exchange lots, revenue share lots and lot 102 on CWL1806 to the State. In doing so, the native title rights and interests in these areas were permanently extinguished upon registration of this agreement on 10 December 2018.

For the remaining area, the parties agree that the non-extinguishment principle continues to apply. This means that the acts authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions

The parties agree to the doing of the following acts by the non-native title party (as per Schedule 9 attached below under documents):

  • the grant of any interest, including a permit, lease, easement or reserve for community purposes over a reserve share lot prior to the lot being surrendered to the State;
  • the grant of the lots described in Schedule 4 as Aboriginal land under the Aboriginal Land Act 1991 (Qld);
  • the establishment of reserves within the ILUA area per Schedule 5 (not available) over which the Warga Badda Nywaigi Aboriginal Corporation will be the trustee;
  • all other activities that are consistent with the purposes of a reserve;
  • the inclusion of the lots identified in Schedule 6 (not available) as a protected area to which the Nature Conservation Act 1992 (Qld) applies; and
  • the dedication of the roads identified in Schedule 7 (not available).

Native title in the agreement area

This agreement is located within the native title determination area of Lightning on behalf of the Nywaigi People v State of Queensland [2018] FCA 493. (FCA file no.: QUD148/2015, NNTT file no.: QCD2018/002).


Related Entries

Agreement
  • Lightning on behalf of the Nywaigi People v State of Queensland [2018] FCA 493
  • Organisation
  • State of Queensland - Signatory
  • Warga Badda Nywaigi Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Charters Towers Regional Council
  • Hinchinbrook Shire Council
  • Townsville City Council
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Aboriginal Land Act 1991 (Qld)
  • Nature Conservation Act 1992 (Qld)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements QI2018/024 as at 10 December 2018 (Nywaigi People Tenure Resolution ILUA). - ( Thumbnail | PDF | PDF | PDF | 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 | Future Act (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia)

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