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Jubilee Quarry Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 1 October 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Croydon

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 1.2 sq km, extending 8.4 km north easterly from the Gulf Development Road and located north of Belmore Creek approximately 6 km north west of Croydon. Schedule 1 of the ILUA identifies the area covered as part of Lot 785 on plan AP12367. For more information see the documents below. The area is within the jurisdiction of the Croydon Shire Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 1 October 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/014.
Subject Matter:Future Act | Housing, Construction and Infrastructure | Land Use | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/014
Summary Information:

The Jubilee Quarry Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Bolwarra Enterprises Pty Ltd and Tagalaka Aboriginal Corporation RNTBC.

The purpose of the ILUA is to consent to continuing the sales licensing of quarry material from within the ILUA area.

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

Detailed Information:

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date when signed by all parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration on 1 October 2019.

The ILUA will terminate on the later of the following dates:

  • the date of expiration of sales permit 20000851, issued to Bolwarra by the State under the Forestry Act 1959 (Qld) for the getting of Quarry material;
  • the date of expiration of the replacement of sales permit 20000851; or
  • the date parties agree to terminate this ILUA.

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 acts agreed to by this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any of the activities 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 certain acts, including:

  • the issue of a replacement permit to sales permit 20000851 under the Forestry Act 1959 (Qld);
  • the variation of sales permit 20000851;
  • the assignment, transfer or novation of sales permit 20000851;
  • any acts done in accordance with the sales permit; and
  • the use, operation, maintenance or upgrade of the road situated with the Road Corridor (detailed in attached schedule 1) used to access or leave the supply zoen, for the purpose of getting quarry material under the sales permit.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Owens on behalf of the Tagalaka People #2 v State of Queensland [2012] FCA 1396. (FCA file no.: QUD6020/2001, NNTT file no.: QCD2012/013).


Related Entries

Agreement
  • Owens on behalf of the Tagalaka People v State of Queensland #2 [2012] FCA 1396
  • Organisation
  • National Native Title Tribunal
  • Bolwarra Enterprises Pty Ltd - Signatory
  • Tagalaka Aboriginal Corporation RNTBC - Signatory
  • Croydon Shire 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)
  • Forestry Act 1959 (Qld)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/014 as at 1 October 2019 (Jubilee Quarry 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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