Port Curtis Coral Coast People and Local Government 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 the area described in Schedule 2 and including all the lands and waters within the area covered by the Port Curtis Coral Coast People's native title claimant application (QU6026/2001).

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements (NNTT) on 5 May 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Port Curtis Coral Coast People and Local Government Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) between:

• Kerry Blackman, Dean Sarra, Lurleen Blackman, Richard Johnson, Nat Minniecon, Matthew Cooke and Neville Johnson on behalf of the Port Curtis Coral Coast People;
• Bundaberg Regional Council;
• North Burnett Regional Council;
• Gladstone Regional Council; and
• Gidarjil Cultural Heritage Corporation.

The application area covers about 18358 sq km, approx. 40 km south of Rockhampton extending south until approx. 18km north of Childers.

The purpose of the agreement is to provide agreement between the parties in relation to various high and low native title impact activities which can be undertaken on the land and waters within the native title claimant area.

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

Commencement:

The agreement took effect as a contractually binding agreement between the parties when the last party signed on 22 September 2016.

Termination:

The agreement continues indefinitely until terminated. The Extract contains no statement in relation to how the agreement may be treminated.

Native Title provisions:

Right to negotiate:The parties agree that the right to negotiate provisions of the Native Title Act 1993(Cth) do not apply to any 'future acts' covered by the agreement.

Extinguishment:

Schedule 8 of the agreement (High Native Title Imact Activities) notes that any activity which effects native title is temporray, undertaken for reasons of public health or safety, done persuant to a permitted lease, or required by law.

Future acts provisions:

The parties agree that the low native title impact activities, as outlined in Schedule 7 of the agreement, can be undertaken without conditions in relation to consent.

The parties consent to the high native title impact activities, as outlined in Schedule 8 of the agreement, only where the local government:

Gladstone Regional Council and the Native Title Party have consented to a number of particular future acts which are subject to the following Native Title Acquisitions Agreements that meet the full and final satisfaction of any compensation and benefit of all Native Title Holders:

• the agreement dated 25 March 2013 in regard to Lot 41 SP206868 (Agnes Waters water treatment plant); and
• the agreement dated 11 July 2014 in regard to Lot 8 SP273519 (Calliope kindergarten); and Lots 206-214 on CP U7251 (Ubobo residential).

Native Title in the Area

This agreement is within the area of native title recognised in the Federal Court of Australia (FCA) proceeding Blackman & Ors on behalf of the Balai, Gurang, Gooreng, Taribelang Bunda People (FCA File No.: QUD6026/2001; NNT File No.: QCD2017/010). The First Nations Ballai, Gurang, Taribelang Bunda People Aboriginal Corporation holds the native title rights and interests  in trust.

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