Port Curtis Coral Coast Tenure Resolution Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 1 of the agreement, as covering the land and waters within the external boundaries described. See the attached schedule 1 (parts 1, 2, 3, 4, and 5) for detailed coordinates.

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 3 May 2018. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Port Curtis Coral Coast Tenure Resolution Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between the following parties:

• State of Queensland;
• First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda Aboriginal Corporation ICN 8650; and
• Kerry Blackman, Dean Sarra, Lurleen Blackman, Richard Johnson, Nathanael Minniecon and Matthew Cooke on their own behalf and on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People.
  

The agreement area covers approximately 14368 sq km, consisting of multiple areas southeast of Rockhampton.

The purpose of the agreement is to consent to the surrender of the agreed surrender areas and to the sharing of the revenues from the sale of the agreed revenue share lots.

The Native Title Representative Body for this area is Queensland South Native Title Services Ltd.

Agreement area:

The agreement area consists of multiple parcels of land located 45 km south east of Rockhampton. The area has a combined total area of approximately 14368 sq kms. The Extract describes the area in three ways - as a surrender area, revenue share lot, or the remaining agreement area.

The surrender areas are depicted in the maps included in attached schedule 2 (parts 1, 2, 3, 4, and 5). The Revenue share lots are described in the table included in attached schedule 3, part 1, and divided between the relevant local councils.

Commencement:

Procedural clauses commence operating on the date on which all the parties had signed the agreement (the 'execution date'). The agreement came into operation at registration on 3 May 2018.

Termination:

The agreement will remain in ongoing force until one of the following events occurs, dependent on whether it is past 28 November 2017 (the date of the Federal Court of Australia ('FCA') determination of Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (No 3) [2017] FCA 1637):

• prior to 28 November 2017, terminated by agreement signed by all the parties; or
• after 28 November 2017, terminated by agreement signed by the First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda Aboriginal Corporation (ICN 8650) and the State of Queensland.
  

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 of the agreed acts or to the surrender of native title rights and interests.

Extinguishment

The surrender of native title rights and interests are intended to permanently extinguish those native title rights and interests. The areas in which native title rights and interests are to be extinguished are as follows:

• the surrender areas detailed in attached schedule 2, effective from the registration date (3 May 2018); and

• each of the lots defined as revenue share lots (unallocated state land) detailed in attached schedule 3 (from the date of a deed being settled for sale).

The non-extinguishment principle applies to any other agreed acts set out in the agreement which are not the surrender of land. These activities, if inconsistent with native title rights and interests, do not extinguish native title rights and interests.

Future act provisions

The parties consent to the doing of acts that are necessary to give effect to the surrender set out in the agreement. The agreed acts are not limited by the list provided in schedule 5. Schedule 5 is not included in the extract of this agreement.

The agreed acts include the sale of the revenue share lots (detailed in attached schedule 3) and the equal division of the net proceeds of the sale between the State and the First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda Aboriginal Corporation.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the FCA proceeding Blackman on behalf of the Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People v State of Queensland (no 3) [2017] FCA 1637. (FCA File No.: QUD6062/2001, NNTT File No.: QCD2017/010).

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