Darumbal People/Goolara Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements identifies the areas subject to this ILUA as the part of the lease area which is contained within Part A of the Darumbal People's native tItle claim (FCA File No.: QUD6131/1998), and described in Schedule 1 of the agreement as the part of Lot 5195 on PH944 that falls wholly within the native title determination application Darumbal People (FCA File No.: QUD6131/1998; NNTT File No.: QC2012/008) as accepted for registration on 23 November 2012.

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

The Darumbal People/Goolara Indigenous Land Use Agreement (ILUA) was made between:

• John Frederick Ellrott and Carol Ann Ellrott; and
• Alan Douglas Hatfield, Warren John Malone, Rodney William Mann, Vanessa Ross, Amanda Meredith and Pauline Cora on behalf of the Darumbal People.

The agreement area covers about 9 sq km, located approximately 37 km north west of Rockhampton.

The purpose of the agreement is to provide consent for pastoral access on the lease area.

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

Details of the Agreement:

Commencement:

The agreement commences on the date that a determination of native title in favour of the Darumbal People is made (see 'Native Title in the Area' below), and will continue unless otherwise determined by the Darumbal People, subject to the agreed terms of termination as below.

In the event a determination recognising the right to possession and occupation of the agreement area, to the exclusion of all others, is made to persons other than the Darumbal People, the agreement will terminate at the date of that determination.

Termination:

The agreement continues until:

• the date of expiry of the lease term, or
• the date of surrender, resumption, forteiture or termination of the lease, or
• the date of removal of the agreement from the Register of Indigenous Land Use Agreements.

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 1994 (Qld) 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:

Future acts:

The Extract notes that there are no statements in the agreement which are mentioned in ss 24EB(1) or 24EBA(1) or (4) of theNative Title Act 1993(Cth). This means that the agreement does not provide consent for the doing of any acts by non-native title parties.

Native Title in the Area:

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

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