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Widi People and Exe Creek (Turrawulla) Pastoral Holding Land Use Agreement (ILUA)

Date: 9 December 2019
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

North Queensland

State/Country:Queensland, Australia
The ILUA area covers about 263 sq km and is located approximately 7km north east of Glenden, 78 km south east of Collinsville and 83 km west of Mackay. The agreement area is within the jurisdiction of the Isaac Regional Council, Mackay Regional Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 9 December 2019. This is an authorised Indigenous Land Use Agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/019
Subject Matter:Access | Native Title | Pastoral Activities
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/019
Summary Information:

The Widi People and Exe Creek (Turrawulla) Pastoral Holding Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth) (NTA).

The signatories to this ILUA are:

  • Noel James Griffin Comerford;
  • Erol Henry Comerford; and
  • the Widi Aboriginal Corporation Registered Native Title Body Corporate (RTNBC).

The purpose of the agreement is to provide consent for access to the area of the pastoral lease.

The Native Title Representative Body for this area is the Widi Aboriginal Corporation RTNBC.

Detailed Information:

Details of the Agreement:

Agreement area:

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the Agreement, as the part of Lot 2 on SP104779 that is within the area of the
Widi People of the Nebo Estate #1 native title determination application. For more information, see the documents attached below.

Commencement:

The ILUA will begin to operate on 21 September 2019 which is the date that it had been signed by all the parties.

Termination:

The ILUA will continue to apply until the lease ends or until the ILUA is removed from the Register of Indigenous Land Use Agreements.

Native Title Provisions:

Right to negotiate:

The right to negotiate provisions of the NTA apply.

Extinguishment:

This ILUA does not include consent for activities by the non-native title parties and so any native title rights in the area are not affected.

Future act provisions:

The Extract notes that there are no statements within the ILUA of the kind which are mentioned in ss 24EB(1), 24EBA(1) or (4) of the NTA. The consequences set out under these sections are not triggered. This means that the ILUA does not:

  • provide consent for the doing of any acts by non-native title parties
  • affect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act
  • validate any previous future acts

Native Title in the Agreement Area:

The ILUA area is within the determination area of the Widi People of the Nebo Estate #1 native title determination application. (FCA File No. QUD372/2006, NNTT File No. QC2006/014).


Related Entries

  • Pegler on behalf of the Widi People of the Nebo Estate #1 v State of Queensland (No 2) [2019] FCA 1159
  • Organisation
  • National Native Title Tribunal
  • North Queensland Land Council (NQLC)
  • Isaac Regional Council
  • Mackay Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Noel James Griffin Comerford - Signatory
  • Errol Henry Comerford - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/019 as at 09/12/2019 (Widi People and Exe Creek (Turrawulla) Pastoral Holding ILUA). - ( PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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