Birriah People Protected Areas Indigenous Land Use Agreement (ILUA)

Collinsville

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Usage Agreements on 14 October 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Birriah People Protected Areas Indigenous Land Use Agreement ('ILUA') was agreed under the provisions of the Native Title Act 1993 (Cth), between:

• the State of Queensland;
• Birriah Aboriginal Corporation RNTBC;
• Birriah Aboriginal Corporation; and
• David Miller, Colin McLennan, Gracelyn Smallwood, Algon Walsh Jnr and Frank Fisher on their own behalf and on behalf of the Birriah People.

The ILUA Areas cover about 318 sq km, located in the vicinity of Collinsville. The three parts are approx. 33 km to the north, 50 km to the south and 110 km north west of Collinsville.

The purpose of the ILUA is to determine the New National Park Area.

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

Details of the Agreement: 

ILUA Area:

The ILUA covers about 318 sq km, located in the vicinity of Collinsville. The three parts are approx. 33 km to the north, 50 km to the south and 110 km north west of Collinsville.

The extract from the Register of Indigenous Land Use Agreements identifies the land and water in this ILUA as Part of Lot 19 on GS1001 (White Blow Regional Park); those parts of Lot 141 on NPW1152 (Mount Aberdeen National Park) that are within the external boundary of the Birriah Claim and do not include the area formerly described as Lot on
SP232519; and the part of Lot 1 on CP866146 which is within the external boundary of the Birriah Claim and which is intended to be dedicated as National Park and named the Redcliffe Tableand Regional Park 1 and the Redcliffe Tableland Regional Park 2. For more information, see the attached documents below.

Commencement and Termination:

The ILUA commenced on the execution date, but in relation to the New National Park Area, the ILUA commences when the New National Park Area is dedicated as a National Park. The ILUA continues perpetually and may be terminated by written agreement of the parties.

Native Title Provisions:

The Parties acknowledge that, on and from the date of the ILUA, the Prescribed Body Corporate (the Birriah Aboriginal Corporation (BAC)) becomes the Registered Native Title Body Corporate for the determination of native title (see details below). Under the PBC Regulations, the BAC will have the function of managing the native title rights and interests of the Birriah People, and the power to enter into agreements to perform that function, and that as a result this ILUA may be terminated by written agreement executed by the BAC and the State.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271 (FCA file no.: QUD6244/1998; NNTT file no.: QCD2016/001).

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