Back to search results

printable versionPrint this page

Waanyi - Burke Shire Council (Gregory Solar Farm Project) Indigenous Land Agreement (ILUA)

Category: Agreement
Date: 12 March 2017
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Waanyi

State/Country:Queensland, Australia

The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this ILUA as Lot 11 on Plan AP13658 and Part of Lot 5 on SP265803. This area is described in Schedule 1 and shown on a map in Schedule 1, Part B. Both documents are attached below.

This area is approximately 14 hectares in the vicinity of the Gregory Showground and about 105 km south of Burketown. The agreement area is within the jurisdiction of the Burke Shire Council. 

Legal Status:

Registered on the Register of Indigenous Land Use Agreements on 22 June 2017. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Tribunal File Number.: QI2017/003.
Subject Matter:Future Act | Housing, Construction and Infrastructure | Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2017/003
Summary Information:

The Waanyi - Burke Shire Council (Gregory Solar Farm Project) Indigenous Land Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth) (the NTA) between:

  • the Waanyi Native Title Aboriginal Corporation Registered Native Title Body Corporate (RNTBC);
  • the Burke Shire Council; and
  • the State of Queensland acting through the Department of Natural Resources and Mines Aboriginal and Torres Strait Islander Land Services.

The purpose of the agreement is to provide consent for the surrender of the Waanyi People's native title rights and interests over the two Lots within the agreement area.

The Native Title Representative Body for this area is the Carpentaria Land Council Aboriginal Corporation.

Detailed Information:

Background to the Agreement

The agreement area consists all the land and waters of Lot 11 on AP13658 and the part of Lot 5 on SP265803.

Commencement and Termination

The ILUA is binding from the date signed by all the parties which is 12 March 2017. The Surrender of native title (clause 7 of the agreement) will take effect upon Registration which is on 22 June 2017.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions under Subdivision P, Division 3, Part 2 of the NTA do not apply to the surrender of the Waanyi People's native title rights and interests as consented to under this agreement.

Extinguishment

The extract notes that the parties agree that the surrender of native title is intended to extinguish all native title rights and interests in the agreement area.

Future act provisions

The parties consent to the surrender of native title rights and interests, over the agreement area to the State of Queensland.

Native Title in the Agreement Area

The ILUA area is within the area of the native title determination Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515.


Related Entries

Agreement
  • Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515
  • Organisation
  • National Native Title Tribunal
  • Waanyi Native Title Aboriginal Corporation RNTBC - Signatory
  • Burke Shire Council - Signatory
  • State of Queensland - Signatory
  • Carpentaria Land Council Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Waanyi People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for QI2017/003 as at 6/9/2016 (Waanyi - Gregory Solar Farm Project ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey