Birriah People/Spurdle Family Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the land and waters subject to this ILUA, per Schedule 1 of the Agreement, as 720 hectares of land, described as Lot 1 on Crown Plan AP 2086 (Title Reference 47018912) and 0.3515 hectares of Reserve Land, described as Lot 14 on Crown Plan MRY 12 (Title Reference 47012950)

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 27 September 2016. This is an authorised Body Corporate Agreement under the Native Title Act 1993 (Cth).

The Birriah People/Spurdle Family Indigenous Land Use Agreement ('ILUA') is a body corporate agreement, that was agreed under the Native Title Act 1993 (Cth), between: the Birriah Aboriginal Corporation RNTBC on its own behalf, and on behalf of the Birriah People, and John Herbert Spurdle, Beverley Agnes Spurdle, Glenn David Spurdle, Graham Robert Spurdle and Gavin Craig Spurdle.

The agreement area covers about 305 sq km, approximately 14 km south-west of Dalbeg and 116 km south of Townsville. The area is wholly within the Rangeview lease area.

The purpose of the ILUA is to provide consent for the State of Queensland to issue a permit to occupy land for grazing purposes and for the incorporation of land used as a camping and water reserve into a rolling lease.

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:

The agreement commenced on its execution date, except for Clause 3 which commenced on registration. Clause 3 concerns consent to two Approved Dealings:

1. the State of Queensland's issue of a permit to occupy for grazing purposes the land, described as Lot 1 on Crown Plan AP 2068 (Title Reference 47018912), to the five members of the Spurdle family who are signatories to the ILUA; and
2. the incorporation of the Reserve land, being the land used as a camping and water reserve and described as Lot 14 on Crown Plan MRY12 (Title Reference 47012950), into the rolling lease (designated as TL 0/237928) Title Reference 40068856,

The ILUA terminates one month after the completion of the Approved Dealings.

Native Title Provisions:

In Clause 3 of the ILUA, the parties agree that the Approved Dealings are not intended to extinguish any native title in relation to the ILUA area, and that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply only to the Approved Dealings.

Native Title in the ILUA Area:

The ILUA is within the native title area recognised by the Federal Court on 23 March 2016 in the consent determination Miller on behalf of the Birriah People v State of Queensland [2016] FCA 271 (see Federal Court Number: QUD6244/1998; NNTT Number: QCD2016/001).

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