Bollon Township Land Exchange 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 Lot 1, 3, 4, 5, 6, 7, 8 on B21910, Lot 37 on B2194 and the part of Lot 61 on B2194 that falls to the north-east of Wallam Creek.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 3 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Bollon Township Land Exchange Indigenous Land Use Agreement (ILUA) was agreed between:

• the State of Queensland (acting through the Department of Natural Resources and Mines);
• Cheryl Buchanan, Clarence Collis, Angus Mitchell, Mick Speedy and Aileen Orcher on their own behalf and on behalf of the Kooma People; and
• Kooma Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The Agreement Area covers about 0.7 sq km, located in the vicinity of Bollon.

The purpose of the Agreement is to provide consent to a number of land settlement arrangements that include a grant of freehold title, a grant of Aboriginal Land under the Aboriginal Land Act 1991 (Qld) and the surrender of native title ritle rights and interests.

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

Details of the Agreement:

Commencement:

The Agreement commences in full on the date of registration, 16 January 2017.

Termination:

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

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth)will not apply with respect to any future act or surrender consented to under this Agreement.

Extinguishment:

The parties agree that the surrender of native title rights and interests permanently extinguishes any native title rights and interests that may exist in relation to the Surrender Area.

Future Act Provisions:

The Extract notes that there are statements within the Agreement of the kind which are 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 by this agreement. This means that the Agreement provides consent for the doing of certain acts by non-native title parties. Specifically this Agreement provides consent for the doing of the following future acts:

• the surrender of all native title rights and interests over the lots identified in Schedule 3 of the Agreement (the Surrender Area);
• the grant of the Kooma Freehold Area to the Kooma Aboriginal Corporation in fee simple, being the lots identified in Schedule 2 of the Agreement;
• the grant of Aboriginal Land over the Aboriginal Land Act Freehold Area (as identified in Schedule 4 of the Agreement) in accordance with the Aboriginal Land Act 1991 (Qld);
• the validation of any invalid Future Acts that are not intermediate period acts in the Agreement Area to the extent they can be validated in this Agreement;
• the revocation, creation or amendment of the Amended Reserve Area (meaning the part lot described in Schedule 5 of the Agreement);
• the management and doing of any future acts on the Amended Reserve Area;
• the grant of the easements included in the Easement Areas set out in Schedule 7; and
• the dedication of the roads included in the Road Opening Area (meaning the lots identified in Schedule 6).

Note that only Schedule 1 (Part A and Part B) of the Agreement is available as an attachment to the Extract from the Register of Indigenous Land Use Agreements.

Native Title in the Area:

Part of the Agreement Area (Lot 37 on B2194 and the part of Lot 61 on B2194 that falls to the north-east of Wallam Creek) lies within the area of native title determined by consent in the Federal Court of Australia (FCA) proceeding Weatherall on behalf of the Kooma People #4 Part a v State of Queensland [2014] FCA 662 (FCA File No.: QUD504/2011; NNTT File No.: QCD2014/012).

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