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Greenvale Training Area Ewamian Inidgenous Land Use Agreement (ILUA)

Category: Agreement
Date: 4 December 2020
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Charters Towers Region

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as the Ewamian ILUA Area. The agreement area covers approximately 36.4 square km and is located on the Montgomery Range approximately 30 kms east of Lyndhurst. For details of the area see Schedule 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Charters Towers Regional Council.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 4 May 2021. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/018
Subject Matter:Access | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/018
Summary Information:

The Greenvale Training Area Ewamian 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 Ewamian Tatampi Puranga Aboriginal Corporation RNTBC. 

The purpose of the ILUA is to facilitate activities, works and operations which may be undertaken for military training initiatives, and other acts necessary or incidental to give effect to those activities. 

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

Detailed Information:

Details of the Agreement

Commencement

The ILUA is binding from 4 December 2020. It has effect as an ILUA, and in relation to the agreed future acts, from 4 May 2021.

The ILUAis binding from the date when signed by all the parties. It has effect as an ILUA, andin relation to the agreed future acts, from its registration date.'

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) (the NTA) do not apply to any of the agreed acts or to any surrender of native title.

Extinguishment

Apart from the allowance for extinguishment of native title in the Surrender Area, to the extent that it is a Future Act under the NTA, the Non-Extinguishment Principle applies to any grant or agreed act or the undertaking of any aspect of the agreement. This means that under s 24EB(3) of the NTA any such activity which may be inconsistent with native title rights and interests does not extinguish these interests, instead, they are revived when the activities are finished.

Future act provisions

The agreement provides consent for the purpose of section 24EB(1) of the NTA for agreed future acts for the doing of the project, the grant and implementation of the project rights and other acts necessary, ancillary, usual or incidental or expedient to give effect to the project and the grant and implementation of the project rights.

The project includes all activities, works and operations which may be undertaken for military training initiatives including:

  • construction and operation of live fire;
  • stimulated training facilities;
  • weapons ranges;
  • camp accommodation;
  • fencing;
  • telecommunication equipment;
  • quarrying;
  • roads;
  • landing and embarkation grounds; and 
  • other training facilities. 

These activities do not extend to Convention Regulated Activities as set out in part 9.1 of the extract, any Carbon Offset Program that is not an Environment Offset or New Weapons Testing.

The parties also consent to Project Rights which means all approvals, authorisations, authorities, certificates, consents, declarations, directions, easements, leases, licenses, notices, permits, renewals, rights, tenures or titles from any government agency and any approvals made for the carrying out of the project under any of the applicable laws set out in part 9.1 of the extract. 


Related Entries

Organisation
  • National Native Title Tribunal
  • Department of Defence - Signatory
  • Tatampi Puranga Aboriginal Corporation RNTBC - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Ewamian People
  • Barry Fisher and David Hudson - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/018 as at 4 May 2021 (Greenvale Training Area ILUA) - ( 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

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