Yirendali People Claim Resolution Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements, per Schedule 1 of the agreement, identifies the agreement area as the all the land and waters within the 'Yirendali Claim Boundary'.

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 2 December 2016. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Yirendali People Claim Resolution Indigenous Land Use Agreement (ILUA) was registered with the National Native Title Tribunal on 2 December 2016, under the Native Title Act 1993 (Cth) between:

• the State of Queensland (acting through the Department of Natural Resources and Mines;
• James Hill, Martina Jacobs and Jeffrey Lammermoor on their own behalf and on behalf of the Yirrendali People; and
• the Yirendali Aboriginal Corporation. 

The purpose of the ILUA is to provide consent for the surrender and extinguishment of any native title rights and interests that may exist in relation to the agreement area. The agreement area covers about 40,365 sq km in the vicinity of Hughenden, in northern Queensland.

The Native Title Representative Body for this area under the Native Title Act 1993 (Cth) is the North Queensland Land Council Native Title Representative Body Aboriginal Corporation.

Commencement: 

Clauses 1 (Definitions), 2 (Interpretation), 3 (Commencement and Expiry), 4 (Authority) and 16 (Registration of Agreement) commenced on the ILUA's execution date, 27 June 2016. 

The remaining clauses of the ILUA commenced upon registration, 2 December 2016. 

Termination:

The ILUA continues in perpetuity but may be terminated by:

• the written agreement of the parties; or 
• if the parties disagree about providing written termination, then by having resolved the disagreement in accordance with clause 20 of the ILUA.

Native Title Provisions: 

The Extract from the Register of Indigenous Land Use Agreements notes that the Agreement contains statements of the kind mentioned in subsection 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under these sections are triggered by this agreement.

Extinguishment:

The parties consent to the surrender and extinguishment of any native title in the agreement area to the State being valid upon the registration of the agreement.

The ILUA provided for the surrender of native title in exchange for benefits that included land exchange and revenue sharing (Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2017] FCA 273, [13])

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply.

Future act provisions:

The parties consent to the validation of any future acts done by the State prior to the execution date to the extent that they were done invalidly.

Native Title in the ILUA Area:

Native title does not exist.

In conjunction with this ILUA, the relevant parties formed an agreement per s 87 of the NTA to the effect that native title does not exist in the Yirendali People Core Country Claim area (see Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2017] FCA 273, [11]-[14]).

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