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Isis Central Sugar Mill Rail Agreement Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 6 March 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Bundaberg region

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as part of Lot 1068 on Crown Plan FTY1285 which is about 16 km southeast of Gin Gin. The area is approximately 1,676 sq km. For details and a map of the area see Schedules 1 and 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Bundaberg Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 10 August 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/008
Subject Matter:Access | Agriculture | Economic Development | Future Act | Housing, Construction and Infrastructure | Land Use | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/008
Summary Information:

The Isis Central Sugar Mill Rail Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Isis Central Sugar Mill Company Limited; and
  • the First Nations Bailai, Gurung, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to provide consent for the operation of the Isis Sugar Mill, and for the installation of a rail connection to the Isis Sugar Mill.

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

Detailed Information:

Details of the Agreement:

Commencement and Termination

The ILUA commences on 6 March 2020. The parties can terminate it at any time by their written agreement.

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.

Extinguishment:

The parties agree that the non-extinguishment principle applies. This means that under the Native Title Act 1993 (Cth) any of the activities agreed to under this ILUA which may be inconsistent with native title rights and interests do not extinguish those rights and interests, instead they are revived when the activities are finished.

Future act provisions:

The parties consent to all activities being done that are necessary for the construction, operation, and maintenance of a rail connection and all other works that may be related to the operation of the Isis Sugar Mill Company (ICSM) in the ILUA area. This includes the granting and implementation of all authorisations necessary or incidental to the operation of the rail connection and the Isis Sugar Mill.

Native Title in the Agreement Area:

The ILUA area is within the area of native title recognised in the Federal Court determination Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (No. 3) [2017] FCA 1637 (FCA file no.: QUD6026; NNTT file no.: QCD2017/010).


Related Entries

Agreement
  • Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (No 3) [2017] FCA 1637
  • Organisation
  • National Native Title Tribunal
  • First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation RNTBC - Signatory
  • Isis Sugar Mill Company Limited - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Extract from the Register of Indigenous Land Use Agreements for QI2020/008 as at 10/8/2020 (Isis Central Sugar Mill Rail Corporation ILUA) - ( 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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