Birriah People and Betteridge Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the agreement, as: part of Lot 7 on SP 112066 (Lot 1); part of Road (Lot 2) adjoining Lot 1 on MPH4674; and part of Lot 4577 on SP 112068 (Lot 3)

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).

The Birriah People and Betteridge Indigenous Land Use Agreement ('ILUA') is a Body Corporate agreement, that was agreed between:

• Catherine Alice Betteridge and Wayne Robert Easton; 
• the Birriah Aboriginal Corporation RNTBC; and
• the State of Queensland acting through the Department of Natural Resources and Mines.

The agreement area covers approximately 4200 sq. m, located about 17 km north west of Ravenswood.

The purpose of the ILUA is to provide consent for the extinguishment of any native title within 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.

Native Title Provisions:

Extinguishment:

The Parties agree that the surrender of the Birriah People's native title rights and interests is intended to extinguish any native title in relation to the ILUA Area and that the extinguishment took effect before the grant of any freehold title over the ILUA area to Catherine Alice Betteridge and Wayne Robert Easton.

Right to negotiate:

The Parties agree that Subdivision P, Part 2, Division 3 of the NTA is not intended to apply to the Surrender, which means that the right to negotiate provisions under the Native Title Act 1993 (Cth) do not apply.

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).

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