Details of the Agreement
The Agreement was registered with the National Native Title Tribunal (NNTT) on 10 October 2014.
The Extract notes, however, that the Agreement takes effect on the date that a determination of Native Title is found in favour of the Yalluna People.
The Agreement will continue until any of the following events occur:
- the lease term expires; or
- the lease is surrendered, resumed, forfeited or terminated; or
- the Agreement is removed from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The Extract notes that there are no statements of the kind within the Agreement which are mentioned in 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are not triggered by this agreement.
This means the ILUA does not: - provide consent for the doing of any acts by non-native title parties;
- effect the right of the native title parties to negotiate with non-native title parties proposing to undertake a future act; nor
- validate any previous future acts.
Native title in the ILUA area
The Agreement area falls within the boundaries of Native Title determination application for the Yulluna People (QUD189/2010;QC2010/001) as accepted for registration on 16 July 2013.
On 1 June 2010, the Yulluna People applied for a determination of native title over an area of about 10,027 km2 in northwest Queensland, located south of Mt Isa and Cloncurry and to the west of Dajarra.
In the case of Sullivan on behalf of the Yulluna People #3 v State of Queensland [2014] FCA 659, Dowsett J determined that the Yulluna People hold non-exclusive native title rights in relation to the determination area. |