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Birriah People Tenure Resolution Indigenous Land Use Agreement (ILUA)

Date: 14 October 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)


State/Country:Queensland, Australia
The ILUA Areas cover about 80 q km, located in the vicinity of Collinsville. The three parts are approx. 33 km to the north, 90 km to the south and 110 km to the north west of Collinsville. Schedule 2 of the ILUA identifies the area covered in terms of relevant lots. For more information see the documents attached below. The area is within the jurisdiction of Burdekin Shire Council, Charters Towers Regional Council, Isaac Regional Council, Whitsunday Regional Council.
Legal Status:

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

Legal Reference: National Native Title Tribunal file no.: QI2019/017.
Subject Matter:Land Use | Native Title
Summary Information:

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;
  • Birriah Aboriginal Corporation RNTBC; 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 purpose of the ILUA is to consent to the use of the area for residential and recreational purposes.

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

Detailed Information:

Details of the Agreement

Commencement and Termination

The ILUA is binding from the date when signed by all parties. It has effect as an ILUA, and in relation to the agreed acts, from it's registration date. 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 unless the parties agree to surrender their interests in the area.

Native Title Provisions

The parties consent to the validation of agreed acts in the ILUA area by the State, done either prior to or after this ILUA was registered on 14 October 2019.

The agreed acts include, but are not limited to:

  • the grant of a Team Lease for residential purposes over Lot 20 n G112828 to Stephen Moore and Karen Moore, as joint tenants, commencing on 6 August 2004;
  • the grant of a Term Lease for residential purposes over Lot 3 on SP149509 to Hyden Holdings Pty Ltd commencing on 5 June 2002;
  • the creation of the Glenden Recreation Reserve and all subsequent interests granted over it for recreation purposes; and
  • the grant of Trustree Lease No 712489274 over Lot 11 on SP208044 to the Glenden Town Club Ltd commencing 1 March 2009.

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).

Related Entries

  • Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271
  • Organisation
  • Birriah Aboriginal Corporation RNTBC - Signatory
  • State of Queensland - Signatory
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • David Miller & others on the behalf of the Birriah People - Signatory
  • Birriah People

  • Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers

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