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Bigambul Protected Areas Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 May 2017
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The ILUA is located in Bigambul country in South West Queensland, spanning the Queensland and New South Wales tableland and river borders.

State/Country:Queensland, Australia
The ILUA is within the jurisdiction of the Balonne Shire Council, Goondiwindi Regional Council, Toowoomba Regional Council and the Western Downs Regional Council.
Legal Status: Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 3 May 2017. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal file no.: QI2016/055.
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/055
Summary Information:

The Bigambul Protected Areas Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between the

  • State of Queensland
  • Bigambul Native Title Aboriginal Corporation
  • Russell Doctor, Elaine Georgetown, Rhonda Sandow and Cyril Logan on their own behalf and on behalf of the Bigambul People

The agreement area covers about 150 sq km, including five land parcels, north of Goondiwindi.

The purpose of the agreement is to provide the Bigambul People access for entry into the national parks (agreement area).

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

Detailed Information:

Details of the Agreement

Agreement Area

The agreement area covers about 150 sq km, including five land parcels, north of Goondiwindi.

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the ILUA as including all of the land and waters in:

  • Alton National Park, in Lot 131 on Plan NPW669;
  • Southwood National Park, in Lot 144 on Plan NPW682;
  • Wondul Range National Park, part of Lot 267 on Plan NPW466 and Lot 3147 on Plan PH1511; and
  • Bendidee National Park, part of Lot 227 on Plan NPW89, excluding the closed road.

For more information see the documents attached below.

Commencement and Termination

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration date.

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply.

Future act provisions

The Extract notes that there are no statements within the ILUA of the kind which are mentioned in ss 24EB(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 ILUA does not: provide consent for the doing of any acts by non-native title parties; affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor validate any previous future acts.

Native Title in the Agreement Area

This ILUA is located within the native title determination area of Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447 (FCA file no.: QUD101/2009, NNTT file no.: QCD2016/012).


Related Entries

Organisation
  • Western Downs Regional Council
  • Toowoomba Regional Council
  • Queensland South Native Title Services Limited
  • State of Queensland - Signatory
  • Bigambul Native Title Aboriginal Corporation - Signatory
  • National Native Title Tribunal
  • Balonne Shire Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Bigambul People
  • Russell Doctor & others on their own behalf and on behalf of the Bigambul People (QUD101/2009) - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/055 as at 30/07/2020 (Bigambul Protected Areas ILUA) - ( Thumbnail | PDF)

    Glossary

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

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