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Barada Barna and Bowen Basin Coal Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 27 April 2021
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Dysart

State/Country:Queensland, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the agreement area as covering about 2.9 hectares over part of Lot 2 on SP186867 in the town of Dysart. For details of the area see Schedule 2 and the NNTT map, attached below under documents. The area is within the jurisdiction of the Isaac Regional Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 April 2021. This is an authorised Body Corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: QI2021/003
Subject Matter:Housing, Construction and Infrastructure | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2021/003
Summary Information:

The Barada Barna and Bowen Basin Coal Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

  • Bowen Basin Coal Pty Ltd
  • Barada Barna Aboriginal Corporation RNTBC
  • State of Queensland represented by the Department of Natural Resources, Mines and Energy.

The purpose of the ILUA is for the Barada Barna People to agree to the surrender and extinguishment of any native title in the ILUA area. Further, to consent to the granting of a freehold title and to the construction and maintenance of the existing road in the ILUA 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 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 27 April 2021.

Native Title Provisions

Right to negotiate

The right to negotiate provisions of the Native Title Act 1993 (Cth) apply to the acts agreed to under this ILUA.

Extinguishment

The parties agree that the surrender is intended to extinguish any native title that exists in relation to the land, including the Constructed Road.

Future act provisions

The parties agree that the road which has been constructed on the ILUA area is to be referred to in this ILUA as the 'Constructed Road'. Further, after the freehold grant, the DNRME may require the Constructed Road to be dedicated as a thoroughfare, for example as a public road under the control of the local government.

The BBAC and the Barada Barna People consent to the:

  • surrender of any Barada Barna native title in the ILUA area;
  • the granting of a freehold title and any any other approvals or tenures required to give effect to the freehold grant;
  • the Constructed Road and any acts necessary for or incidental to the construction and maintenance of the Constructed Road; and
  • validation of any act done invalidly prior to 27 April 2021 (the ILUA registration date) in relation to the Constructed Road, its construction, maintenance and approvals.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. (FCA file no.: QUD380/2008, NNTT file no.: QCD2016/007)


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
  • The State of Queensland represented by the Department of Natural Resources, Mines and Energy - Signatory
  • Queensland South Native Title Services Limited
  • Bowen Basin Coal Pty Ltd - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Barada Barna People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2021/003 as at 27/4/2021 (Barada Barna and Bowen Basin Coal 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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