Agreements, Treaties and Negotiated Settlements Project

Moranbah Indigenous Land Use Agreement (ILUA)
Date:	18 May 2016
Sub Category:	Future Act Agreement (Native Title Act) \| Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	The extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as the lots detailed in Part A of the attached schedule 1.
State/Country:	Queensland , Australia
	The ILUA covers about 15.7 hectares, is located within the local government authority of Isaac Regional Council.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 18 May 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2015/086.
Subject Matter:	Access \| Future Act \| Native Title \| Native Title - Extinguishment
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/086
Summary Information:
The Moranbah Indigenous Land Use Agreement (ILUA) was agreed between the following parties: State of Queensland; Minister for Economic Development Queensland; Barada Barna Limited as trustee for the Barada Barna Charitable Trust; and Les Budby and Cecil Brown Jr. on their own behalf and on the behalf of the Barada Barna People. The purpose of the ILUA is to provide consent for agreed acts regarding access to and use of land for government and infrastructure purposes in the agreement areas, and to provide consent for the surrender of all native title rights and interests in the surrender areas. The ILUA deals with two types of areas - an agreement area, and the areas to be surrendered to the State within that agreement area. The surrender area includes: Lot 910 of plan SP230449: Lot 913 of plan SP179893; Lot 20 of plan M97351; and Lots 28 and 29 of plan CP904232. The remaining agreement area is lot 52 of plan SP244534, depicted in Part B of attached schedule 1. The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.
Detailed Information:
Details of the Agreement: The agreement area covers about 15.7 hectares and is located over various lots in the Town of Moranbah. See attached schedule 1 for more detail or a depiction of the agreement area. Commencement: The ILUA commenced on 18 May 2016. Native Title Provisions: The ILUA references ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), meaning that the parties consent to the doing of certain agreed acts by non-native title parties. The agreed acts include all acts necessary to allow for the surrender of land and the compulsory acquisition of native title rights and interests over the remaining agreement area. The parties also agree to validate any acts done prior to the registration of the ILUA. The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply. The parties agree that in relation to the surrender areas the non-extinguishment principle does not apply. This means that under s 24EB(3) of the Native Title Act 1993 (Cth), the surrender of land agreed to by the parties permanently extinguishes the native title rights and interests in that area. Native Title in the ILUA Area: This ILUA is part of the native title determination area of Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. (Federal Court of Australia File No.: QUD380/2008 and QUD492/2013, NNTT File No.: QCD2016/009).