Details of the Agreement: The agreement area covers about 532 sq km, approximately 10 km northwest of Dysart. Background to the Agreement The agreement was made after the Barada Bada People had applied to the Federal Court for a determination of native title to be made over the area. That application was discontinued when a determination was made, on 29 June 2016, in favour of the Barada Barna People in Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271. Commencement: The agreement took effect from 29 June 2016, that is the date that the determination of native title was made. It will continue until either the term of the lease ends or the agreement is removed from the Register of Indigenous Land Use Agreements.
Native Title Provisions: future acts
The Extract notes that there are no statements within the agreement of the kind mentioned in ss 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means that the agreement does not provide consent to the doing of any acts by the non-native title party; affect the right of the native title party to negotiate with the non-native title party any proposal to undertake a future act; nor validate any previous future act.
Native Title in the ILUA Area: The ILUA area is within the area of the Barda Barna People's native title which was determined in the Federal Court of Australia proceeding Budby on behalf of the Barada Barna People v State of Queensland (No 7) FCA 1271 (FCA file no.: QUD380/2008; NNTT file no.: QCD2016/007). |