Darumbal People/Oombah and Ten Mile 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 Lot 12 on PN138 (Oombah) and the part of Lot 24 on LI312 south of the centreline of Ten Mile Creek (Ten Mile) that falls wholly within the Darumbal People native title determination application (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 2 December 2016. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Darumbal People/Oombah and Ten Mile Indigenous Land Use Agreement (ILUA) was made between: 

• Stewart John Jones and Wayne Robert Jones; 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 38 sq m, and is in two parts. Part one is located approximately 32 km north west of Rockhampton. Part two is located approximately 79 km north west of Rockhampton.

The purpose of the ILUA is to provide consent for pastoral access.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) 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 expiryy 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 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 lase is converted to protected area tenure under the Nature Conservation Act 1992 (Qld)A

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 the Native 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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