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Bigambul People Revenue Sharing 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.: QI2016/056.
Subject Matter:Future Act | Land Use | Mining and Minerals | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/056
Summary Information:

The Bigambul People Revenue Sharing Indigenous Land Use Agreement ('ILUA') is an agreement made under the provisions of the Native Title Act 1993 (Cth) between the:

  • State of Queensland;
  • Bigambul Native Title Aboriginal Corporation (RNTBC); and
  • Russell Doctor, Elaine Georgetown, Rhonda Sandown and Cyril Logan on their own behalf and on behalf of the Bigambul People.

The agreement area covers 11 square kilometres, including one hundred and fifteen land parcels, north, east and west of Goondiwindi.

The purpose of the agreement is to provide a mechanism for revenue sharing between the State of Queensland and Bigambul People, from the commercial and mining ventures being conducted in the ILUA area.

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

Detailed Information:

Details of the Agreement

Agreement Area

The agreement area covers about 11 square kilometres, including one hundred and fifteen land parcels, north, east and west of Goondiwindi. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per 'Schedule 1 and 2' of the Agreement. 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.

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.

Extinguishment

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which many be inconsistent with native title rights and interests do not extinguish those rights and interests.

However, in the areas to be surrendered to the State, the parties agree that the native title rights and interests in those areas are permanently surrendered from registration on 3 May 2017.

Future act provisions

The parties agree to the following actions, including:

  • to validate any invalid acts undertaken by the State in the ILUA area, prior to the execution date;
  • agreeing to certain agreed acts, to the extent they are surrenders; and
  • agreeing the surrender takes effect over the Revenue Sharing Lots immediately prior to the issue of the deed of grant.

Native title in the Agreement Area

This agreement is located within the native title determination area of the Federal Court of
Australia ('FCA') proceeding Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447. (FCA file no.: QUD101/2009, NNTT file no.: QCD2106/012).


Related Entries

Organisation
  • National Native Title Tribunal
  • Bigambul Native Title Aboriginal Corporation - Signatory
  • State of Queensland - Signatory
  • Western Downs Regional Council
  • Toowoomba Regional Council
  • Balonne Shire Council
  • Queensland South Native Title Services Limited
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (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 QI2016/056 as at 03/08/2020 (Bigambul People Revenue Sharing ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

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

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