Eromanga Township Tenure Resolution Indigenous Land Use Agreement (ILUA)

In the vicinity of Eromanga

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 22/03/2017. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Eromanga Township Tenure Resolution Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• State of Queensland;
• Mark Wallace, Barbara Olsen and Barbara Bond on their own behalf
  and on behalf of the Boonthamurra People; and
• Boonthamurra Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC)

The agreement area covers about 2.8 sq km, located in the vicinity of Eromanga Township.

The purpose of the agreement is to provide consent for the surrendering of native title over certain lots within the town of Eromanga, for establishing a reserve over a lot subject to the Boonthamurra People's native title, and for transferring land to the RNTBC as freehold Aboriginal land

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

Agreement Area

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as: Lots 1, 2, 3, 4, 5, 6, 7, and 8  on Plan CP857799; Lot 9 and 10 on Plan GO844025; Lot 10* on Plan GO31; and Lot 13 on Plan SP267595. Lots 9, 10*, and 13 form the Boonthamurra determination area.

Commencement:

The agreement is binding from the date it was signed by all parties (9 November 2016).

Termination:

The agreement will continue in perpetuity unless the Boonthamurra Native Title Aboriginal Corporation RNTBC and the State of Queensland exchange written correspondence to that effect. If those two parties are unable to agree to the agreement ending in this way, they must resolve that the dispute under clause 18 of the agreement before notifying the Registrar.

Native Title Provisions:

Extinguishment

The parties agree that any surrender permanently extinguishes all native title rights and interests in Lots 1, 2, 3, 4, 5, 6, 7, and 8  on Plan CP857799, and Lot 10 on Plan
GO844025 (the Land Exchange Lots).

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 these sections are triggered.

The native title parties consent to:

• Lot 10 on Plan GO31 being declared transferable land, and being granted as Aboriginal freehold land to the RNTBC under the Aboriginal Land Act 1991 (Qld);
• the surrender of the Land Exchange Lots (see above, and Schedule 2 of the agreement attached below) and the granting of freehold titles over those Lots;
• the grant of any interest, including a lease, over Lot 13 on Plan SP267595 (the Revenue Share Lot) prior to it being granted as a freehold title;
• the creation of a reserve over Lot 9 on Plan GO844025 for township purposes;
  
• the validation of any of the above acts, if done by the State prior to the registration date.

Native Title in the Agreement Area:

This agreement area, excluding the Land Exchange Lots, is within the native title determination area of the Federal Court of Australia (FCA) proceeding Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600. (FCA File No. QUD435/006, NNTT File No: QCD2015/008).

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