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Birriah People and Local Government Indigenous Land Use Agreement (ILUA) | | Date: | 19 May 2015 | | | Sub Category: | Indigenous Land Use Agreement (ILUA) (Native Title Act) | | Place: | Located in the vicinity of Townsville | | State/Country: | Queensland, Australia | | The Agreement Area covers about 14,920 sq km, approximately 60km south of Townsville and 60km north of Glenden in the State of Queensland. | | | | Legal Status: | Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 19 May 2015. This is a Area Agreement under the Native Title Act 1993 (Cth). | | | Legal Reference: | National Native Title Tribunal File No.:QI2014/090 | | | Subject Matter: | Access | Future Act | Native Title | | URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/090 | | | Summary Information: | | | The Birriah People and Local Government Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Burdekin Shire Council, Charters Towers Regional Council, Isaac Regional Council, Mackay Regional Council and Whitsunday Regional Council; and
- David Miller, Colin McLennan, Gracelyn Smallwood, Algon Walsh Junior and Frank Fisher as the Applicants for Native Title Determination Application QUD 6224/1998 (Birriah People); and
- Birriah Cultural Heritage Services Pty Ltd.
The purpose of the Agreement is to provide consent for the doing of certain Future Acts within the Agreement Area. | | Detailed Information: | | | Commencement
This Agreement was registered with the National Native Title Tribunals' (NNTT) Register of Indigenous Land Use Agreements on 19 May 2015.
The Extract does not specify a start or end date for the Agreement. It does however, specify that:
The Agreement commences on the Execution Date and continues unless and until the Agreement is Terminated.
The Extract notes that the Agreement is made up of five Parts and in certain circumstances some Parts no
longer apply.
Part 2
Part 2 of the Agreement commences on the Execution Date and continues indefinitely, unless the Agreement is otherwise terminated.
However Part 2 no longer applies if:
1. a successful or unsuccessful native title determination is made over the Agreement Area;
2. the native title rights and interests over the Agreement Area are surrendered;
3. the native title claim is discontinued, struck out or dismissed by order of the Federal Court of Australia.
Where any of these events occur, any party to the Agreement is entitled to give notice that Part 2 no longer applies.
Part 3
Clause 41 in Part 3 commences on the Execution Date. The remaining provisions of Part 3 commence on the Registration Date, being 19 May 2015. Part 3 otherwise applies indefinitely unless the Agreement is validly terminated.
However Part 3 no longer applies if:
1. an unsuccessful native title determination is made over the Agreement Area;
2. the native title rights and interests over the Agreement Area are surrendered;
3. for any other reason, there is legal certainty that native title does not exist within the Agreement Area.
Where any of these events occur, any party to the Agreement is entitled to give notice that Part 3 no longer applies.
Part 4
Part 4 of the Agreement commences its operative effect on the Execution Date. This Part will continue indefinitely unless the Agreement is validly terminated.
However Part 4no longer applies if the Native Title Party is no longer considered an Aboriginal Party for all of the Cultural Heritage Area. If this occurs, any party is permitted to give notice that Part 4 no longer applies.
Parts 1 and 5
Parts 1 and 5 of the Agreement commence on the Execution Date and apply indefinitely unless and until the Agreement is terminated.
Execution Date
Whilst the Extract does not define the term 'Execution Date,' this term is generally taken to be the date upon which the last party signed the Agreement.
Native Title Provisions
Right to Negotiate
Part 2 Division 3 Subdivision P of the Native Title Act 1993 (Cth), the Right to Negotiate, does not apply to the doing of any Future Acts covered by the Agreement.
Low Native Title Impact Activities
The Parties provide their unconditional consent to the doing of Low Native Title Impact Activities including maintenance, statutory approvals and low impact tenure grants. For the full list of all Low Native Title Impact Activities, see the attached Schedule 7.
Low Native Title Impact Activities are broadly defined as those activities which are not High Native Title Impact Activities.
High Native Title Impact Activities
Upon fulfilment of certain conditions (outlined below), the Parties provide their consent to the doing of High Impact Native Title Activities, including high impact infrastructure or preventing the exercise of native title rights. For the full list of High Impact Native Title Activities, see the attached Schedule 8.
The Local Government proposing the Activity must satisfy one of the following conditions in order to perform that Activity:
a. provide notice to the Native Title Party or their Representative; and
b. complete consultation.
If the Activity involves a capital work dealt with in a Capital Works Forum, the Local Government must:
a. give a list of capital works; and
b. reach consensus about the Activity being carried out.
Local Government
The Extract defines Local Government to mean each of Burdekin Shire Council, Charters Towers Regional Council, Isaac Regional Council, Mackay Regional Council and Whitsunday Regional Council separately. Local Government may also include any Third Party acting on the Local Government’s behalf or for the Local Government’s benefit.
Extinguishment of Native Title
The Native Title Party and Whitsunday Regional Council consent to the extinguishment of any native title rights and interests over the Airport Parcel.
The Airport Parcel is comprised of Part of Lot 26 on CPDK276. This is an area of of approximately 51 hectares and outlined in Schedule 18 Part A. The Airport Parcel has been identified for future development as an industrial site abutting Collinsville airport.
In order for the extinguishment to occur:
1. the Whitsunday Regional Council (in accordance with section 24MD(2) of the Native Title Act), will take Native Title over the Airport Parcel in its capacity as a local government (of the State of Queensland) under the Local Government Act2009 and as a constructing authority pursuant to the provisions of the Acquisition of Land Act1967; and
2. The Native Title Party will:
i. "use their best endeavours to ensure that there is no objection made under the Acquisition of Land Act 1967; and
ii. agree to do all things necessary to support and facilitate the acquisition and the extinguishment of Native Title in the Airport Parcel."
Perma-culture Park
The Birriah People provide their consent to the dedication of an area as a reserve for park and garden purposes.
The Charters Towers Regional Council will be appointed trustee of the reserve.
The area to be dedicated as a reserve is comprised of Lot 4 on SP263501. This area is the portion of unallocated State land where the ‘Ravenswood Restoration and Preservation Association’ maintains a publicly accessible perms-culture park. The Extract notes that the Area is illustrated on the plan Schedule 18 Part B, but does not provide Schedule 18 as an attachment.
Tourist Walking Trails
The Birriah People give their consent to the Charters Towers Regional Council's project to re-establish four tourist walking trails and interpretative signing. This consent extends to the re-establishment of the four trails and any associated enhancement work that may be required.
Native Title in the Agreement Area
The Agreement area includes all land and waters within the Native Title Determination Application QUD6244/98 Birri People (QC98/12), registered on 14 August 2007 (see attached Schedule 2).
Schedule 2 also notes that the Agreement Area specifically excludes the land and waters subject to the native title determination applications:
- QUD6230/98 Jangga People (Qc98/10), registered 19 October 2004
- QUD80/05 Gudjala People (QU05/6), registered 22 APril 2005.
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Birriah People and Local Government Indigenous Land Use Agreement (ILUA) Extract - (