Details of the Agreement:
The agreement area covers about 87 sq km, being Lot 5270 SP144274 (Harrybrandt West), located approximately 40 km east of Moranbah. The agreement area is within the external boundary of the claim area for the Barada Barna People which was filed with the Federal Court of Australia ('FCA') on 12 November 2008 (FCA file no.: QUD380/2008; NNTT file no.: QC2008/011).
The ILUA commenced on the date that a determination of native title was made in favour of the Barada Barna People, that being 29 June 2016. The agreement was entered onto the Register of Indigenous land Use agreements on 31 August 2016.
The agreement will end if either the pastoral lease ends or the agreement is removed from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The ILUA does not include statements of the kind mentioned in subsections 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993(Cth). This means that the parties agree that the right to negotiate provisions of the Native title Act apply to any activities undertaken by the pastoral lessee party. The non-extinguishment principle also applies, meaning that any activities done in conflict with the Barada Barna Peoples' native title rights and interests will not extinguish those rights and interests.
Native Title in the ILUA Area
The agreement area is within the area of native title recognised by the Federal Court of Australia proceeding Les Budby and Cecil Brown Jr & Ors on behalf of the Barada Barna People v State of Queensland (Barada Barna People)  FCA 1271 (FCA file no.: QUD380/2008; NNTT file no.: QC2008/011).