The Darumbal People Protected Areas Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as all of the land and waters described under the headings National Parks, New National Park Areas, Conservation Parks, Resources Reserves, and New Resource Reserves to the extent that those areas are within the External Boundary described in Schedule 1.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Usage Agreements on 2 December 2016. This is an authorised agreement under the Native Title Act 1993 (Cth).

The Darumbal People Protected Areas Indigenous Land Use Agreement (ILUA) was agreed between:

• the State of Queensland;
• Alan Douglas Hatfield, Warren John Malone, Rodney William Mann, Vanessa Ross, Amanda Meredith and Pauline Cora on behalf of the Darumbal People; and
• the Darumbal People Aboriginal Corporation.

The agreement area covers about 438 sq km in the vicinity of Rockhampton. The multiple parts surround Rockhampton, extending approx. 136 km to the north, 40 km to the south, 28 km to the east and 74 km to the west.

The purpose of the agreement is to provide consent for access to the agreement areas.

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

Details of the Agreement:

The parties acknowledge that on and from the date the Darumbal Corporation becomes the Registered Native Title Body Corporate (RNTBC) for the Darumbal Determination, under the Prescribed Body Corporate (PBC) Regulations, the Darumbal Corporation will have the function of managing the native title rights and interests of the Darumbal People.

Commencement:

Clauses 1 (Definitions), 2 (Interpretation), 3 (Commencement and Expiry), 4 (Authority) and 12 (Registration as an Area Agreement) of the agreement commence on the execution date, 14 June 2016.

The remaining clauses commence upon the agreement's registration with the NNTT, 2 December 2016.

Termination:

The agreement continues in perpetuity but may be terminated by the written agreement of all the parties, or if a substitute agreement is registered in relation to all or part of the agreement area.

In relation to clause 3.6, 3.7 or 3.8, a party may only notify the Registrar that this agreement has expired in accordance with s 199C(l)(c)(i) of the Native Title Act 1993 (Cth) if each party has agreed in writing that the agreement has so expired or, if the parties are unable to agree that the agreement has so expired, the dispute has been resolved in accordance with clause 14.

Native title provisions:

Future acts:

The Extract notes that the agreement contains no statements of the kind which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), so the consequences set out under those sections are not triggered. This means that the agreement does not provide consent for the doing of any acts by non-native title parties, effect the rights of the native title parties to negotiate with non-native title parties proposing to undertake a future act, nor does it validate any previous future acts.

Native Title in the Agreement Area:

The agreement area is within the area of native title recognised by the Federal Court on 21 June 2016 in the proceeding Hatfield on behalf of the Darumbal People v State of Queensland FCA [2016] (see FCA File No.: QUD6131/1998; NNTT File No.: QCD2016/0061).

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