Agreements, Treaties and Negotiated Settlements Project

Kullilli People and Local Government Indigenous Land Use Agreement (ILUA)
Date:	12 September 2014
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	In the vicinity of Grey Range, Bulloo River and Eromanga
State/Country:	Queensland, Australia
	The Agreement Area covers about 32,185 sq km, located in the vicinity of the Grey Range and Bulloo River, extending north from the New South Wales Border to about 50km south east of Eromanga. This area falls within three Council regions, being the Bulloo, Paroo and Quilpie Shire Councils. The Agreement area is within the Lands and Waters of the the Kullilli People Native Title Determination.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 12 September 2014. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:QI2014/030
Subject Matter:	Access \| \| Land Use \| Local Government \| Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/030
Summary Information:
Kullilli People and Local Government Indigenous Land Use Agreement (ILUA) was agreed between: - Bulloo Shire Council and Quilpie Shire Council ("Local Government parties"); and - Mr Paola Smith, Ms Maxine Gooda, Mr Peter White, Mr Ronny Watson (also known as Ronald Watson) and Mr Eric Hood as the Applicants for Native Title Determination Application QUD80/09 (Kullilli People). The purpose of this Area Agreement is to provide consent on behalf of the Kullilli People for the Local Governement to engage in Activities with Low Native Title Impact, and where the relevant conditions are satisfied, provide consent to activities with High Native Title Impact .
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 12 September 2014. Part 1 The Extract notes, however, that Part 1 of the Agreement will commence on the date of execution. The Extract fails to identify the execution date, but notes that Part 1 will continue indefinitely unless and until the Agreement is validly terminated.\ Application of Parts of the Agreement Clause 6.1 outlines the contractually binding nature of the Agreement as between the Local Government parties and the Kullilli People. Parties to the Agreement are contractually bound from the date of execution unless and until the Agreement is validly terminated. Clause 6.2 explains that the Agreement is made up of five (5) parts. The Extract notes that in certain circumstances some parts will cease operation: - "Part 2 will not apply in the event of the circumstances in sub-clause 26.2; - Part 3 will not apply in the event of the circumstances in sub-clause 36.3; - Part 4 will not apply in the event of the circumstances in sub-clause 46.2." Parts 1 and 5 of the Agreement will otherwise continue indefinitely unless the Agreement is terminated. Part 2 Under clause 26.1, Part 2 will commence on the date of execution. Any party can give notice to the other party that Part 2 does not apply any more, where: - the Kullilli People Native Title Claim results in a determination that is successful or unsuccessful in relation the the Agreement area; - The Native Title in the Agreement area is surrendered according to the Native Title Act 1993 (Cth); or - The Native Title claim is either discontinued, struck out or dismissed. Otherwise Part 2 will remain in operation indefinitely, unless the Agreement is terminated. Clause 39 of Part 3 Clause 39 in Part 3 of the Agreement commences on the date of execution. However, all other provisions in part 3 commence on the registration date, being 12 September 2014. Any party can give notice to the other party that part 3 not longer applies where: - The Native Title Claim is unsuccessful; - The Native Title in the Agreement area is surrendered according to the Native Title Act 1993 (Cth); or - there is legal certainty that there is no existence of Native Title in the Agreement area. Otherwise part 3 will continue indefinitely, unless otherwise terminated. Part 4 Part 4 of the Agreement will commence on the date of execution. However, where the Native Title party is no longer considered an Aboriginal party for all of the cultural heritage area, any party may give notice to the other party that Part 4 no longer applies. Otherwise, part 4 will continue operation indefinitely, unless otherwise terminated. Native Title Provisions The parties agree that the Right to Negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any Future Acts covered by the agreement, as the alternative consultation provisions are to be followed instead. Clause 40.1 of the Extract states that where done in a manner consistent with the Agreement, a Future Act will be covered, whether it be express or implied within the Agreement. Low Native Title Impact Activities Under Clause 42.1 the Kullilli People consent to any activity that has a Low Native Title Impact. Schedule 8 (attached) defines Low Native Title Impact activities to include: - Maintenance; - Low Impact Infrastructure; - Statutory Approvals; - Low Impact Tenure Grants; - Invalid Past Acts; - Pest Control; - Contractual Interests; - Operational Activities; - Access and Site Investigation; - Emergencies; - Contractual Interests with Third Parties; - Low Impact Works/Infrastructure Otherwise at a Capital Works Forum. High Native Title Impact Activities Under clause 42.3 the Kullilli People also consent to High Native Title Impact Activities, provided that the conditions in clause 42.4 are followed. These conditions are that the Local Government Party that proposes the activity must satisfy one of the following conditions: (a) The Local Government Party: (i) gives notice to the Native Title party in accordance with clause 45.1(a); and (ii) completes the consultation process in accordance with clause 45.1(b). (b)Where the Activity involves a capital work dealt with at a Capital Works Forum, the Local Government gives a list of capital works involving hte activity under clause 60.6(d) and there is a consensus about the activity being carried out. High Native Title Impact Activities are set out in Schedule 9 (attached). They include: - High Impact Infrastructure; - High Impact Tenure Grants; - Preventing the Exercise of Native Title; and - High Impact Works/Infratructure Otherwise Agreed at a Capital Works Forum. Future Acts According to clause 44.2 a Future act is validated, where it was done invalidly before the execution date and which is not an intermediate period that comes under the Native Title Act 1993 (Cth). Native Title in the ILUA Area The Agreement Area covers all the lands and waters within the external boundary of the Kullilli People Native Title Determination (QC2009/001; QUD80/2009), as accepted for registration 19th October 2011. On 2 July 2014 in the Federal Court decision in consent determination Smith on behalf of the Kullilli People v State of Queensland [2014] FCA 691 it was found that native title exists in the entire determination area. The Agreement Area also lies on the external boundaries of Native Title Determination Applications for the Wonkumarra People (QC2008/003; QUD52/08); Boonthmurra People (QC2006/015; QUD435/06); Mardigan People (QUD26/07; QC2007/001)and the Budjiti People (QC2007/002; QUD53/07). However the Agreement area does not fall within the lands and Waters of those Native Title Applications.