Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA)

Date: 29 August 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, per schedule 2, as including all lands and waters within native title determination application QUD380/2008 (Barada Barna Peoples) and excluding all lands and water within native title determination application QUD492/2013 (Widi People of the Nebo Estate #2).
State/Country:Queensland , Australia
The ILUA is located in the local government regions of Central Highlands Regional Council, Isaac Regional Council and Mackay Regional Council.
Legal Status: Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 29 August 2016. This is an authorised area agreement under the Native Title Act 1993 (Cth).
Legal Reference: National Native Title Tribunal File No.: QI2016/007.
Subject Matter:Future Act | | Land Use | Local Government | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2016/007
Summary Information:

The Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) was agreed between Central Highlands Regional Council, Isaac Regional Council, Mackay Regional Council, Les Budby and Cecil Brown Jnr on behalf of the Barada Barna People, and Barada Barna People Aboriginal Corporation on the 29 August 2016.

The purpose of the ILUA is to provide consent for certain agreed acts by non-native title parties, relating to the common powers and obligations of local governments.

The agreement area covers about 15,469 sq km, located approximately 60 km south of Mackay in the vicinity of Nebo and Moranbah.

Detailed Information:

Details of the Agreement:

The Agreement Area covers about 15,469 sq km, located approximately 60 km south of Mackay in the vicinity of Nebo and Moranbah.See attached schedule 2 for detailed coordinates of the external boundary of the agreement area.

Commencement

The ILUA commenced on 29 August 2016, and continues indefinitely until the agreement is terminated. The extract does not contain information detailing the manner in which the agreement is to be terminated.

Native Title Provisions

The parties agree that the right to negotiation provisions of the Native Title Act 1993 (Cth) do not apply. The parties also agree that the non-extinguishment principle applies, such that no acts authorised by this agreement will permanently extinguish the native title rights and interests in the agreement area.

The ILUA does have statements that reference subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth).This mean that the parties consent to the doing of certain agreed acts by the non-native title parties in the future.

The agreed acts are either:

  • the low native title impact activities contained in attached schedule 7; or
  • the high native title impact activities contained in attached schedule 8, where the local government has either given notice to the relevant native title party about the activity, or has conducted consultation and reached consensus as to the works involving the activity.

Native Title in the ILUA Area

The native title determination applications QUD380/2008 and QUD492/2013, to which schedule 2 of this ILUA refers, were determined by consent in the Federal Court of Australia ('FCA') proceedings Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271 (NNTT File No.: QCD2016007) and Pegler on behalf of the Widi People of the Nebo Estate #2 v State of Queensland (no 3) [2016] FCA 1272 (NNTT File No.: QCD2016/008) respectively.The ILUA area is within the determination area of Barada Barna People, excluding the determination area of Widi People of the Nebo Estate #2.

Related Entries

  • Pegler and Ors on behalf of the Widi People of the Nebo Estate #2 v State of Queensland (No 3) [2016] FCA 1272
  • Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271
    • Organisation
  • National Native Title Tribunal
  • Queensland South Native Title Services Limited
  • North Queensland Land Council (NQLC)
  • Isaac Regional Council - Signatory
  • Mackay Regional Council - Signatory
  • Central Highlands Regional Council - Signatory
  • Barada Barna Aboriginal Corporation RNTBC - Signatory
    • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
    • People
  • Barada Barna People
  • Les Budby and Cecil Brown Jnr on behalf of the Barada Barna People - Signatory

    • Documents

    Document
    Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) - ( PDF)
    Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) Written Description - ( PDF)
    Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) Map of Areas - ( PDF)
    Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) Low Native Title Impact Activities - ( PDF)
    Barada Barna People and Local Government Indigenous Land Use Agreement (ILUA) High Native Title Impact Activities - ( PDF)

    Glossary

    Area Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Local Government
    Created:Thursday, 26 July 2018
    Modified:Friday, 3 July 2020

    © Copyright of Indigenous Studies Program, The University of Melbourne 2007 | Disclaimer
    Published by the Indigenous Studies Program, The University of Melbourne, October 2007.
    Photographs © Odette Mazel 2007.