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Birriah People Tenure Resolution Indigenous Land Use Agreements (ILUA)

Category: Agreement
Date: 27 September 2016
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the land and water areas subject to this ILUA, per Schedule 1 of the Agreement, as numerous Lots within a specified external boundary.

State/Country:Queensland, Australia
The area is within the jurisdiction of Burdekin Shire Council, Charters Towers Regional Council, Isaac Regional Council, and Whitsunday Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Usage Agreements on the 27th of September 2016. This is an authorized agreement under the Native Title Act 1993 (Cth).

Legal Reference: Native Title Tribunal File number: QI2016/035
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/035
Summary Information:

The Birriah People Tenure Resolution Indigenous Land Use Agreements ('ILUA') is a body corporate agreement, that was agreed under the Native Title Act 1993 (Cth), between:

  • the State of Queensland acting through the Department of Natural Resources and Mines;
  • David Miller, Colin McLennan, Gracelyn Smallwood, Algon Walsh Jnr and Frank Fisher on their own behalf and on behalf of the Birriah People;
  • the Birriah Aboriginal Corporation; and
  • the Birriah Aboriginal Corporation Registered Native Title Body Corporate ('RNTBC').

The total ILUA area covers about 80 sq km, in the vicinity of Collinsville. The Lot areas covered by the ILUA extend around Collinsville, approx. 33 km to the north, 90 km to the south and 150 km to the north-west.

The purpose of the ILUA is to validate any previous Future Acts done by the State in the ILUA area.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Detailed Information:

Background to the Agreement:

The ILUA was made during the Birriah People's native title claim proceedings and prior to their successful native title consent determination (see 'Native Title in the Area' below)

Commencement:

The substantive parts of the ILUA commenced on the registration date, 27 September 2016. The procedural clauses commence on the date the ILUA was executed.

Subject to clauses 3.4 to 3.7, the ILUA will continue perpetually. The detail of these clauses are not provided in the Extract.

Native Title Provisions:

Extinguishment

The Parties agree that any surrender permanently extinguishes all native title rights and interests in the area of the surrender, from the date the surrender takes effect.

Future act provisions

Consent to the validation of future acts done prior to the execution of the ILUA include:

  • the grant of a Term Lease for residential purposes over Lot 20 on G112828 to Stephen Moore and Karen Moore, as joint tenants, commencing on 6 August 2004;
  • the grant of a Term Lease for residential purposes over Lot 3 on SP149509 to Hyden Holdngs Pty Ltd commencing on 5 June 2002;
  • the creation of the Glenden Recreation Reserve and all subsequent interests granted over it for recreation purposes; and
  • the grant of Trustee Lease No 712489274 over Lot 11 on SP208044 to the Glenden Town Club Ltd commencing 1 March 2009.

Native Title in the ILUA Area

The ILUA is within the native title area recognised by the Federal Court on 23 March 2016 in the consent determination Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271 (see Federal Court Number: QUD6244/1998; NNTT Number: QCD2016/001).


Related Entries

Agreement
  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • Birriah Aboriginal Corporation RNTBC - Signatory
  • State of Queensland - Signatory
  • Charters Towers Regional Council
  • Isaac Regional Council
  • Burdekin Shire Council
  • Whitsunday Regional Council and Burdekin Shire Council
  • Whitsunday Regional Council
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • David Miller & others on the behalf of the Birriah People - Signatory
  • Birriah People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2016/035 as at 06/09/2017 (Birriah People Tenure Resolution) - ( PDF | PDF | PDF)

    Glossary

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

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