Pitta Pitta People/Blair Athol Indigenous Land Use Agreement (ILUA)
|Date: ||5 August 2013|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|State/Country:||Queensland , Australia|
|The agreement covers about 222 square kilometres, located approximately 36 kilometres north of Boulia and falls within the Local Government Authority of the Boulia Shire Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 05 August 2013. This is an authorised Area agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.:QI2013/024|
|Subject Matter:||Access | Native Title | Pastoral Activities|
|Summary Information: |
|The Pitta Pitta People/Blair Athol Indigenous Land Use Agreement(ILUA)was entered into between the following parties:
- William Patrick Cluff and Kalinda Louise Cluff
- Alfred Nathan, Jean Jacks, Neville Aplin, Carmel Belford, Noel Doyle and Florence Melville on behalf of the Pitta Pitta People.
The purpose of this area agreement is to specify access arrangements to the pastoral property, Hylass.
|Detailed Information: |
|Details of the Agreement
As per the agreement, the agreement takes effect on the date that a determination of native title in favour of the Pitta Pitta People is made, and continues until:
- the date of expiry of the lease term
- the date of surrender, resumption, forfeiture or termination of the lease
- the date of removal of the Agreement from the Register of Indigenous Land Use Agreements
Native title in the ILUA Area
The native title rights of the Pitta Pitta people was recognised on 28 August 2012 over 66 parcels of land near Boulia in the consent determination of Aplin on behalf of the Pitta Pitta People v State of Queensland  FCA 883. The claim area included approximately 30,000 square kilometres near the Queensland/Northern Territory border and about 200 kilometres south of Mt Isa. The determination area is centred on the township of Boulia and includes land in the shire councils of Boulia, Cloncurry, Diamantina and Winton. It covers low lying plains in the Channel Country and the Burke, Hamilton and Georgina Rivers. The area enjoys a warm, semi-arid climate. Thus waterholes and watercourses were, and are an important part of the relationship between the people and the land.
The non-exclusive native title rights that were recognised in relation to land include:
- the right to access and camp on the area;
- the right to hunt and gather on the area for non-commercial, personal, domestic, social, cultural and communal purposes;
- the right to take and use natural resources from the area for non-commercial purposes;
- the right to maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas from physical harm;
- the right to conduct ceremonies on the area;
- the right to teach the physical and spiritual attributes of the area; and
- the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
In relation to water in parts of the Determination Area the following non-exclusive rights apply:
- to hunt, fish and gather from the water for personal, domestic, social, cultural and non-commercial communal purposes; and
- to take and use the water for personal, domestic and non-commercial communal purposes.