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Bigambul People and Local Governments Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 24 March 2017
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

West of Brisbane and the Great Dividing Range

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA, as about 19,778 sq kms approximately 192 km west of Brisbane. For details see Schedules 2 and 3 of the ILUA attached below under documents. The area is within the jurisdiction of the Balonne Shire Council, the Goondiwindi Regional Council, the 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 24 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2016/053
Subject Matter:Future Act | Housing, Construction and Infrastructure | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/053
Summary Information:

The Bigambul People and Local Governments Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the local government party (Balonne Shire Council, Goondiwindi Regional Shire Council, Toowoomba Regional Shire Council and Western Downs Regional Council) and Russell Doctor, Elaine Georgetown, Rhonda Sandow and Cyril Logan on their own behalf and on behalf of the Bigambul People.

The purpose of the ILUA is to provide consent for local government activities that impact upon the Bigambul People's native title rights and interests.

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

Detailed Information:

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date it was signed by all the parties. This date is not included in the Register Extract. It has affect as an ILUA, and in relation to the agreed acts from the date of registration. It may be terminated 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) (the NTA) do not apply to the acts agreed to under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any activities done by the local governments will not extinguish native rights and interests.

Future act provisions:

The parties consent to:

  • any activities which have a low native title impact without conditions (see Schedule 6);
  • the local government will use its best endeavours to advise the native title party of its activities between its Capital Works Forums under s24KA of the NTA; and
  • any activities with high native title impact (see Schedule 7) with the conditions that the local government gives notice to the native title party under the terms agreed to in the ILUA in relation to consultation and consensus about the proposed activity being reached.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447.


Related Entries

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

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/053 as at 17/06/2020 (Bigambul People and Local Governments ILUA) - ( Thumbnail | 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 | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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