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

The Extract from the Register of Indigenous Land Use Agreements, describes the area subject to this, per Schedule 3 of the Agreement, as Lot 3123 on PH617 (Korcha).

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 October 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Iman People #2 Korcha Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth) between the Iman People #2 Party and Owen Arthur William Price, Brigid Ann Price and Gail Lorraine Price.

The agreement area covers about 1.1 sq km, located approx. 100.6 km west of Taroom, Queensland.

The purpose of the agreement is to provide consent to pastoral activities within the external boundary of the Iman People #2 native title claim area.

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

The agreement area, according to the Extract from the Register of Indigenous Land Use Agreements, is the part of the Lease area held by Owen Arthur William Price, Brigid Ann Price and Gail Lorraine Price, under the Land Act 1994 (Qld) ('Land Act'), which falls within the native title determination application Iman People #2 (Federal Court File Number: QU6162/1998; National Native Title Tribunal File Number: QC1997/055) as accepted for registration on 18 September 2014. For details about the Iman People's successful determination of non-exclusive native title rights and interests in relation to this application see 'Native Title in the Area' below.

Commencement:

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

Termination:

Subject to the provisions of the Land Act, 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
• land 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).

Native Title Provisions:

The Extract notes that there are no statements within the agreement of the kind which are mentioned in subsection 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 Area:

The agreement is within the native title area recognised by the Federal Court on 23 June 2016 in the consent determination Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743 (see Federal Court Number: QUD6162/1998; NNTT Number: QCD2016/005).

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