Details of the Agreement:
The agreement area covers about 861 sq km, located approximately 60 km south of Mackay in
the vicinity of Nebo.
The agreement has effect as an ILUA from 30 August 2016 (the registration date) and applies indefinitely until it is terminated. The terms for a termination are not specified in the attached extract.
Native Title Provisions
right to negotiate
The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to any acts agreed to under this ILUA.
The parties agree that the local government can undertake low native title impact activities on the land, as outlined in schedule 7 of the agreement. For details of what constitutes low native title impact activities see schedule 7 attached below under documents.
Low native title impact activities include:
- maintenance, low impact infrastructure, low impact tenure grants over land or waters, pest control, contractual obligations, operational activities, access and site investigation, emergencies, management agreements with third parties, and low impact or agreed works.
The parties agree that the local government can undertake high native title impact activities if the native title party is given notice, consulted, and agreement is reached. For details of what constitutes high native title impact activities see schedule 8 attached below under documents.
High native title impact activities include:
- high impact infrastructure and works, high impact tenure grants over land and waters, and conduct that prevents the exercise of native title.
Native Title in the ILUA Area:
The agreement area includes all the land and waters within the external boundary of native title determination application QUD380/2008 Barada Barna Peoples (QC2008/011); that is subject to native title determination application QUD492/2013 Widi People of the Nebo Estate #2 (QC2013/006).