Birriah People and Collinsville, Scottsville and District Historical Society Inc 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 whole of Lot 111 of CP851562 and part of Lot 1 on AP11631.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 18 March 2019. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Birriah People and Collinsville, Scottsville and District Historical Society Inc Indigenous Land Use Agreement (ILUA) was, under the provisions of the Native Title Act 1993 (Cth), between the Birriah Aboriginal Corporation RNTBC and the Collinsville, Scottsville and District Historical Society Inc.

The agreement area covers about 41000 sq metres, in the vicinity of Scottsville and approximately 78 km south west of Bowen.

The purpose of the agreement is to consent to the dedication of a Reserve over the agreement area, and for the appointment of the Collinsville, Scottsville and District Historical Society as trustee of the Reserve to use and manage the area for cultural and historical purposes.

The Native Title Representative Body for this area is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

The agreement provides consent for the dedication of a Reserve over the agreement area and for the appointment of the District Historical Society as trustee of the Reserve to use and manage the agreement area for any cultural or historical purpose it sees fit, including:

Commencement:

The agreement commences on 12 November 2018, with the exception of clause 5 which commences upon registration.

Termination:

The ILUA will operate so long as the Society continues to use the agreement area for cultural or historical purposes unless terminated by agreement between the parties or in accordance with the terms of the agreement.

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 the acts described in clause 4.1(a) to (c) or anything reasonably required to be done for the dedication and use of the agreement area for cultural and historical purposes.

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Future act provisions

The Extract notes that there are no statements within the ILUA of the kind which are mentioned in ss24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered. 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 in the consent determination proceeding Miller on behalf of the Birriah People v State of Queensland, QUD6244/1998. National Native Title Tribunal No. QCD2016/001.

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