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Shoalwater Bay Training Area Expansion Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 17 June 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

North coast

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 1073 sq km situated in the vicinity of Shoalwater Bay about 50 km north of Rockhampton and extending easterly from the Bruce Highway to the Coastline. For details of the area see Schedule 1 attached below under documents. The area is within the jurisdiction of the Livingstone Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 17/06/2019. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2019/009.
Subject Matter:Defence | Future Act | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2019/009
Summary Information:

The Shoalwater Bay Training Area Expansion Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Commonwealth of Australia acting through the Department of Defence and the Darrumbal People Aboriginal Corporation RNTBC (Registered Native Title Body Corporate).

The purpose of the ILUA is to consent to the Department of Defence and its nominees using the agreement area for military training initiatives. 

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

Detailed Information:

Commencement and Termination

The ILUA is binding form the date when signed by all parties. It has effect as an ILUA, and in relation to the agreed acts, from its registration date, which was 17 June 2019.

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 agreed future acts.

Future act provisions

The parties consent to the activities, works, and operations necessary or incidental to carrying out military training initiatives, as well as the grant and implementation of further project rights relevant to carrying out military training initiatives. 

Project rights include approvals, authorisations, authorities, certificates, declarations, licences, leases, easements, tenures, notices from any Government Agency or other competent authority which are necessary for the carrying out of the Project in the ILUA area in accordance with applicable laws.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Hatfield on behalf of the Darumbal People v State of Queensland (No 3) [2016] FCA 723. (FCA file no.: QUD6131/1998, NNTT file no.: QI2016/006)


Related Entries

Organisation
  • National Native Title Tribunal
  • Darumbal People Aboriginal Corporation RNTBC - Signatory
  • Livingstone Shire Council
  • Department of Defence - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Environmental Protection Act 1994 (Qld)
  • Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
  • Land Act 1994 (Qld)
  • Lands Acquisition Act 1989 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • State Development and Public Works Organisation Act 1971 (Qld)
  • Vegetation Management Act 1999 (Qld)
  • Water Act 2000 (Qld)

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2019/009 as at 17/06/2019 (Shoalwater Bay Training Area Expansion Project ILUA) - ( PDF | PDF | PDF | 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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