Bigambul People and Local Governments Indigenous Land Use Agreement (ILUA)

West of Brisbane and the Great Dividing Range

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 24 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Bigambul People and Local Governments Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the local government party (Balonne Shire Council, Goondiwindi Regional Shire Council, Toowoomba Regional Shire Council and Western Downs Regional Council) and Russell Doctor, Elaine Georgetown, Rhonda Sandow and Cyril Logan on their own behalf and on behalf of the Bigambul People.

The purpose of the ILUA is to provide consent for local government activities that impact upon the Bigambul People's native title rights and interests.

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

Details of the Agreement:

Commencement and Termination:

The ILUA is binding from the date it was signed by all the parties. This date is not included in the Register Extract. It has affect as an ILUA, and in relation to the agreed acts from the date of registration. It may be terminated by the written agreement of the parties.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA) do not apply to the acts agreed to under this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any activities done by the local governments will not extinguish native rights and interests.

Future act provisions:

The parties consent to:

• any activities which have a low native title impact without conditions (see Schedule 6);
• the local government will use its best endeavours to advise the native title party of its activities between its Capital Works Forums under s24KA of the NTA; and
  
• any activities with high native title impact (see Schedule 7) with the conditions that the local government gives notice to the native title party under the terms agreed to in the ILUA in relation to consultation and consensus about the proposed activity being reached.

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447.

Related Entries

Documents

Glossary