Jubilee Quarry Indigenous Land Use Agreement (ILUA)

Croydon

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 1 October 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Jubilee Quarry Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Bolwarra Enterprises Pty Ltd and Tagalaka Aboriginal Corporation RNTBC.

The purpose of the ILUA is to consent to continuing the sales licensing of quarry material from within the ILUA area.

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

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 its registration on 1 October 2019.

The ILUA will terminate on the later of the following dates:

• the date of expiration of sales permit 20000851, issued to Bolwarra by the State under the Forestry Act 1959 (Qld) for the getting of Quarry material;
• the date of expiration of the replacement of sales permit 20000851; or
• the date parties agree to terminate this ILUA.
  

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 the acts agreed to by this ILUA.

Extinguishment:

The parties agree that the non-extinguishment principle applies, meaning that any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests.

Future act provisions:

The parties agree to the doing of certain acts, including:

• the issue of a replacement permit to sales permit 20000851 under the Forestry Act 1959 (Qld);
• the variation of sales permit 20000851;
• the assignment, transfer or novation of sales permit 20000851;
• any acts done in accordance with the sales permit; and
• the use, operation, maintenance or upgrade of the road situated with the Road Corridor (detailed in attached schedule 1) used to access or leave the supply zoen, for the purpose of getting quarry material under the sales permit.
  

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Owens on behalf of the Tagalaka People #2 v State of Queensland [2012] FCA 1396. (FCA file no.: QUD6020/2001, NNTT file no.: QCD2012/013).

Related Entries

Documents

Glossary