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Mithaka People Land Exchange Indigenous Land Use Agreement

Category: Agreement
Date: 24 December 2019
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Simpson Desert

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as being located in the vicinity of Betoota. For details of the area see schedules one and two attached below under documents. The area is within the jurisdiction of the Diamantina Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 May 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/005
Subject Matter:Future Act | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/005
Summary Information:

The Mithaka People Land Exchange Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth)(NTA), between the State of Queensland and Mithaka Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to consent to the surrender of all native title rights and interests to the State in relation to certain land exchange lots, the granting of Aboriginal Land, and the opening of a road for native title purposes.

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

Detailed Information:

Details of the Agreement:

Agreement area:

The ILUA area covers approximately 1 sq km and is located in the vicinity of Betoota, 42 km northwest of Haddon Corner. For more information please see Schedules one and two of the ILUA, below under documents.

Commencement:

The ILUA commenced on the date it was signed by all the parties, 24 December 2019.

Termination:

The ILUA may be terminated by the written agreement of the parties.

Native Title Provisions:

Right to negotiate:

The right to negotiate provisions of the NTA apply, as the ILUA has not stated otherwise.

Extinguishment:

The parties have agreed to the permanent extinguishment of all native title rights and interests in the Surrender Area. The Surrender Area means the Land Exchange Lots outlined in Schedule 3 of the ILUA, see below under documents.

Future act provisions:

The parties consent to the doing of a number of future acts, including the validation of any of the following future acts that were done invalidly by the State prior to the signing of the ILUA.

Schedule 8 outlines the future acts, as follows:

  1. the surrender of all native title rights and interests in the Surrender Area;
  2. any grant of Aboriginal Land over Lot 2 on D03, in the map in schedule 6;
  3. the opening of a road, identified in schedule 7, for the purposes of native title; and
  4. any variation of the agreement consented by the Mithaka Aboriginal Corporation.

Native Title in the Agreement Area:

The ILUA area is within area of the native title determination of Gorringe on behalf of the Mithaka People v State of Queensland [2015] FCA 1116. (FCA file no. QUD6033/2002, NN TT file no. QCD2015/010.)


Related Entries

Agreement
  • Gorringe on behalf of the Mithaka People v State of Queensland [2015] FCA 1116
  • Organisation
  • State of Queensland - Signatory
  • Queensland South Native Title Services Limited
  • Diamantina Shire Council
  • National Native Title Tribunal
  • Mithaka Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Mithaka People

  • Documents

    Document
    National native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for Q12020/005 as at 18/05/2020 Mithaka People Land Exchange Indigenous Land Use Agreement - ( PDF | PDF | PDF | PDF | PDF | PDF)

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