Boonthamurra People/Araluen and Budgerygar Indigenous Land Use Agreement (ILUA)
|Date: ||7 January 2016|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement area covers approximately 400 square kilometres of land, about 100 kilometres northwest of Quilpie and falls within the Local Government Authority of Quilpie Shire Council. |
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 7 January 2016. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/067|
|Subject Matter:||Access | Native Title | Pastoral Activities|
|Summary Information: |
|The Boonthamurra People/Araluen and Budgerygar Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- William John Scott and Julie Erin Scott (applicant); and
- Mark Wallace, Barbara Olsen and Barbara Bond on behalf of the Boonthamurra People.
The purpose of the ILUA is not clear from the ILUA Extract. However considering the subject matter, the purpose is presumably to provide for pastoral activities to take place in the ILUA area.
It is one of twenty-four Indigenous Land Use Agreements registered between 5 and 7 January 2016 that were reached with the Boonthamurra People. |
|Detailed Information: |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 7 January 2016.
The ILUA Extract does state, however, that subject to clauses 5.4 and 5.5, this agreement takes effect on the date that a determination of native title in favour of the Boonthamurra People is made, and continues until:
- the date of expiry of the lease term; or
- the date of surrender, resumption, forfeiture or termination of the Lease; or
- the date of removal of the agreement from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The ILUA Extract provides no information in regards to the substance of the agreement.
Native Title in the ILUA Area
The ILUA area falls within the Boonthamurra People native title application QCD2015/008.
In Wallace on behalf of the Boonthamurra People v State of Queensland  FCA 600 the Federal Court of Australia determined that the Boonthamurra People hold non-exclusive native title rights in the entire determination area. |