Iman People #2 Glenleigh Indigenous Land Use Agreement (ILUA)

The Extract from the National Native Title Tribunal Register of Indigenous Land Use Agreements, per Schedule 3 of the Agreement, describes the Agreement Area as all the land and waters within Lot 2 on Plan SP140746 (Glenleigh)

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 11 November 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Iman People #2 Glenleigh Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth) between the Iman People #2 Party and Patrick Robert Scott, Joan Marjorie Cogill, William Robert Cogill and Kathleen Ann Harrison.

The agreement area covers about 124.3 sq km, approx. 37km north west of Taroom.

The purpose of the agreement is to allow shared access to the Glenleigh pastoral lease area.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is Queensland South Native Title Services Ltd.

Details of the Agreement:

The agreement area is the part of the Glenleigh Lease area which falls within the external boundaries of the Iman People #2 Native Title Claim Area.

The agreement provides consent for access to the area subject to the pastoral lease.

Commencement:

The agreement commenced on the date of native title determination, 23 June 2016.

Termination:

The agreement continues until:

• the date of expiry of the Lease term; or
• the date of surrender, resumption, forfeiture or termination of the Lease; or
• the date of removal of the agreement from the Register of Indigenous Land Use agreements.

Unless otherwise agreed, this agreement will end with the valid extinguishment of native title over the whole of the agreement Area.

Subject to the provisions of the Land Act 1994 (Qld), the agreement will not terminate if:

• the Lease has expired but application has been made for renewal or other action has been taken under the provisions of the Land Act for continuity of the Lease; or
• dealings on the Lease in the form of subdivisions, amalgamations, additional areas or conversion to a perpetual tenure result in a new lease being issued; or
• the Lease or part of the Lease is converted to protected area tenure under the Nature Conservation Act 1992 (Qld) (NCA).

Native Title Provisions:

The Extract notes that there are no statements within the agreement 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 by this agreement. This means that the agreement does not provide consent for the doing of any acts by non-native title parties; effect 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:

The agreement is within the native title area recognised by the Federal Court of Australai (FCA) on 23 June 2016 in the consent determination Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743 (see FCA File No.: QUD6162/1998; NNNT File No.: QCD2016/005).

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