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Vitrinite and Barada Barna Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 June 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Bowen Basin

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 566 sq km consisting of numerous land parcels that extend from near Moranbah for about 106 km southeast of Dysart. Schedule 1 of the ILUA desribes the ILUA area as all the land and waters within the area of the Barada Barna native title determination (QCD2016/007). For details of the area see 1 of the ILUA, attached below under documents. The area is within the jurisdiction of the Isaac Regional Shire Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 June 2020. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/006
Subject Matter:Access | Future Act | Housing, Construction and Infrastructure | Mining and Minerals | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/006
Summary Information:

The Vitrinite and Barada Barna Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Virinite Pty Ltd and the Barada Barna Aboriginal Corporation Registered Native Title Body Corporate (RNTBC).

The purpose of the ILUA is to consent to Vitrinite's mining project in the Barada Barna People's native title area.

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 and is binding when signed by both parties. The Extract does not specify the commencement date nor details of how the ILUA can be terminated.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (NTA) do not apply to the grant of the tenements of approvals.

Extinguishment:

The non-extinguishment principle applies. This means that under s 24EB(3) of the NTA any activities agreed to under this ILUA that may be inconsistent with native title rights and interests will not extinguish those rights and interests, instead, they will be revived when the activities are finished.

Future act provisions:

The Barada Barda Aboriginal Corp[oration and the Barada Barna People consent to:

  • the granting of the tenements within the ILUA area to Vitrinite or a related party;
  • the grant of any approvals; and
  • the undertaking of the mining project, including all stages from planning to rehabilitaion and any other works that Vitrinite considers reasonably necessary to the project

Native Title in the Agreement Area:

The ILUA area is within the area of the native title determination Les Budby and Cecil Brown Jnr & oR on behalf of the Barada Bara People v State of Queensland [2016] FCA 1271.


Related Entries

Agreement
  • Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271
  • Organisation
  • National Native Title Tribunal
  • Isaac Regional Council
  • Barada Barna Aboriginal Corporation RNTBC - Signatory
  • Vitrinite Pty Ltd - 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 Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/006 as at 23/6/2020 (Vitrinite and Barada Barna ILUA) - ( 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) | Future Act (Native Title Act 1993 (Cth)) (Australia)

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