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East Point Mackay Project Supplementary

Category: Agreement
Date: 24 March 2021
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Mackay

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 0.31 sq km, consisting of two separate areas, between Pioneer River and Mackay Harbour. For details of the area see Schedule 1 and Schedule 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the Mackay Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 24 March 2021. This is an authorised Area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2020/016
Subject Matter:Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2020/016
Summary Information:

The East Point Mackay Project Supplementary Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Eastpoint Mackay Pty Ltd;
  • Yuwi Aboriginal Corporation RNTBC; and
  • Melanie Roseveen Kemp on her own behalf and on behalf of the former Yuwibara Claim Group (QUD12/2019) and Matthew McDonnell, Jennifer Van Der Starre, Irene Adams, Hayley Mann, Madeline Jones, Bernard Tonga and Pamela Young on their own behalf.

The purpose of the ILUA is to secure the Yuwibara People's agreement to the development and maintenance of drains and a bundwall, and the revegetation and rehabilitation of three lots.

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 and Termination

The ILUA is binding from the date when signed by all the parties. It has effect as an ILUA, and in relation to the agreed future acts from its registration on 24 March 2021.

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 acts agreed to or contemplated under this ILUA.

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB(3) of the Native Title Act 1993 (Cth) any of the activities authorised under this ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.

Future act provisions

The parties agree to the doing of the Project, the grant and implementation of the Project rights and other acts necessary or incidental to giving effect to the project.

The Project means:

  • The development, construction, operation and maintenance of a north-western drain, bundwall, central-western drain and a south-western drain
  • The activities and works required to undertake, monitor and maintain works for the revegetation and rehabilitation of three lots in accordance with the Vegetation Management Plan
  • Any other act, activity, grant of a right or interest or doing of any works as agreed by the parties
  • The access, use and occupation of any part of the ILUA by Eastpoint Mackay or any other person for the purpose of exercising any rights under this agreement

The Project rights means all approvals, authorisations, authorities, certificates, consents, declarations, directions, easements, leases, licenses, notices, permits, renewals, rights, tenures or titles from any government agency which are necessary or incidental to give effect to the project or to enable the project to proceed in accordance with the applicable laws. 

Native title in the area 

The Yuwibara People's native title over the ILUA area was recognised by consent in Mooney on behalf of the Yuwibara People and State of Queensland [2020] FCA 170.


Related Entries

Organisation
  • National Native Title Tribunal
  • Mackay Regional Council
  • Eastpoint Mackay Pty Ltd - Signatory
  • Yuwi Aboriginal Corporation RNTBC - Signatory
  • North Queensland Land Council (NQLC)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Melanie Kemp, Matthew McDonnell, Jennifer Van Der Starre & Others - Signatory

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2020/016 as at 24/3/2021 (East Point Mackay Project Supplementary 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia)

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