Darumbal People Tenure Resolution Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements notes that the area subject to this ILUA is described described in Schedule 1 of the agreement.

The Darumbal People Tenure Resolution Indigenous Land Use Agreement (ILUA) was made between:

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

The purpose of the agreement is to provide consent for agreed acts that include the grant of Aboriginal Land to the Darumbal Corporation, the creation and management of Reserves, the doing of acts by non-native title parties on those Reserves, and the surrender of native title over certain areas.

The agreement areas cover about 265 sq km, located in the vicinity of Rockhampton. The multiple parts surround Rockhampton, extending approx. 122 km to the north, 39 km to the south, 30 km to the east and 70 km to the west.

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

Details of the Agreement:

The parties acknowledge that the Darumbal Corporation will manage the native title rights and interests of the Darumbal People on and from the date that it becomes the Registered Native Title Body (RNTBC) for the Darumbal Determination (see 'Native Title in the Area' below).

Commencement:

Clauses 1, 2, 3, 4 and 16 of the agreement commence on the execution date, 14 June 2016.

The remaining clauses commence upon the registration of the agreement with the National Native Title Tribunal (NNTT).

Termination:

The agreement may be terminated by the written agreement of the parties.

If the Federal Court of Australia makes a determination that native title is held by people other than the Darumbal People in part of the agreement area then this agreement expires in relation to that part of the agreement area, but remains in force in relation to the rest of the agreement area.

Native Title Provisions:

Extinguishment:

The parties agree that any surrender permanently extinguishes all native title rights and interests in the Surrender Area which is described in Schedule 1 (the Land Exchange Lots) and in Schedule 3 (the Revenue Share Lots).

Future act provisions:

The Extract notes that the agreement contains staements of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth), and so the consequences set out under those sections are triggered. This means that the agreement provides consent for the doing of acts by non-native title parties and affects the native title rights and interests of the native title parties.

The parties consent to the validation of future acts done by the State in the agreement area prior to the agreement's execution date, 14 June 2016.

The also parties consent to the doing of the agreed acts that are defined in clause 1 of the agreement as all acts necessary to give effect to the agreement. The agreed acts include those specified in Schedule 6 of the Agreement as follows:

1. the surrender of all native title rights and interests to the State over the Land Exchange Lots, as set out in Schedeule 2;
2. the surrender of all native title rights and interests to the State over the Revenue Share Lots. as set out in Schedule 3, which are sold in accordance with clause 8;
3. the grant of Aboriginal Land over the Aboriginal Land Act Lots to the Darumbal Corporation, in accordance with the Aboriginal land Act 1991 (Qld);
4. the grant of any interest in respect of the Revenue Share Lots prior to any of those Lots being granted in fee simple; 
5. the revocation, creation and amendment of Reserves, including appointment of trustees, as set out in Schedule 4;
6. the management and doing of any future acts on the Reserves included in Parts A and b of Schedule 4; and
7. any variation of this agreement consented to by the RNTBC in accoordance with the Native Title (Prescribed Bodies Corportae) Regulations 1999 (Cth).

Native Title in the Area:

The agreement is located within the area of native title recognised, on 21 June 2016,by the Federal Court of Australia (FCA) in Hatfield on behalf of the Darumbal People v State of Queensland FCA [2016] (see FCA File No.: QUD6131/1998; NNTT File No.: QCD2016/006).

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