Darumbal People, Livingstone Shire Council and Rockhampton Regional Council 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 2 of the Agreement, as being wholly within the Darumbal People native title claim (QUD6131/1998) (as per the second futher amended claimant application filed on 24 November 2015) and covering all the land and waters within the Livingstone Shire Council and Rockhampton Regional local government areas that fall within the external boundary described in Schedule 2.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 23 December 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Darumbal People, Livingstone Shire Council and Rockhampton Regional Council Local Government Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth), between:

• Livingstone Shire Council and Rockhampton Regional Council;
• Alan Douglas Hatfield, Warren John Malone, Rodney William Mann, Vanessa Ross, Amanda Meredith and Pauline Cora on behalf of the Darumbal People; and
• Darumbal Aboriginal Corporation. 

The agreement area covers about 14842.3 sq km located west of Yeppooon, approx. 47.5 km north west of Gladstone Queensland. 

The purpose of the agreement is to provide the Durumbal People's consent to local government actitvities that have low impact on native title rights and interests within the area of the Darumbal People's native title claim area.

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

Commencement:

The agreement is contractually binding between the parties from the date that the the last party signed it (not specified).

Termination:

The agreement will continue until terminated (the Extract does not specify the terms of termination).

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 of the agreed acts (see 'future acts' below).

Future act provisions

The parties, without condition, consent to any Low Native Title Impact Activities as specified in Schedule 7 of the agreement. These activities include:

• maintenance of existing local government infrastructure and earthworks;
• the construction, operation, maintenance of low impact infrastructure of any of the public service facilities listed in s 24KA(2) of the Native Title Act 1993 (Cth). This includes: transport facilities (other than airport or port), a jetty, navigation facilities, lighting, street signs, water bores, water irrigation facilities, drainage facilities, sewarage, communication  facilities, automatice weather station, recreation facilities
• statutory approvals;
• low impact tenure grants;
• pest control;
• contractual interests relating toland or water for a public purpose;
• anything done for the purpose of preventing or minimising physical harm to a person or property;
• management agreements with third parties; and
• any activity which has a short term impact on the exercise and enjoyment of native title if required by law. 

The parties also agree, per Schedule 8 of the agreement, that a local government may need to clear native title over a particular area for a freehold title or other purposes. The agreement provides the native title parties' advance consent to a local government compulsory aquiring native title and a means by which the local government can discharge any compensation liabilty arising from the aquisition. Where a compulsory aquisition occurs, the parties agree that the local government party will give a formal notice to the Darumbal Aboriginal Corporation (on behalf of the Darumbal People) that includes details of the land area involved, the time frame, and the compensation package. The parties may negotiate any of the matters set out in the Notice but agree that an agreement must be struck within a reasonable time frame.

Native Title in the Agreement Area:

The Darumbal People's native title rights and interests were recognised to exist over parts of this area agreement in the Federal Court of Australia (FCA) proceeding Hatfield on behalf of the Darumbal People v State of Queensland [2012] FCA 796 (FCA File No.: QUD6131/1998; NNTT File No.: QUD2016/006).

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