Port Curtis Coral Coast Protected Areas Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA as depicted wholly by the maps included in attached schedule 5 and described in schedule 4. For detail regarding the lots which are subject to this ILUA, see the description provided in attached schedules 1, 2 and 3.

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 Protected Areas 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; 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 about 2048 sq km, and consists of multiple areas located approximately 55 km southeast of Rockhampton.

The purpose of the ILUA is to provide agreement about the exercise of native title rights and interests in the agreement area under different possible outcomes of the native determination, management plans, or ILUAs.

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

Agreement area:

The agreement area consists of multiple areas which in total cover approximately 2048 sq kms. The area is located about 55 km southeast of Rockhampton.

Detailed information about the lots that are subject to this ILUA are included in schedule 1, 2 and 3 and 4, and depicted in schedule 5. Schedule 1 deals with national park areas; schedule 2 deals with conservation park areas; schedule 3 deals with resources reserve areas; and schedule 4 provides a description of the external boundaries of the ILUA area using coordinates.

Commencement:

Procedural clauses commenced operating on the date when the last of the parties had signed the agreement (the 'execution date'). The agreement commenced operating upon registration on 3 May 2018.

Termination:

The agreement continues to operate unless one of the following events or qualifications occurs:

• subject  to the following, the parties sign a written agreement to terminate the ILUA; or
  
• after a determination finds that native title exists over the entire ILUA area, the First Nation Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda Aboriginal Corporation and the State sign a written agreement to terminate the ILUA; or
• if a determination finds that native title does not exist in part of the agreement area, then the agreement expires in relation to that part of the agreement area; or
  
• a registered management plan begins to regulate native title rights and interests in part of the agreement area, then the agreement expires in relation to that part of the agreement area; or
  
• a substitute ILUA is registered, then this agreement expires in relation to the areas covered by that substitute ILUA.

If a registered management plan or substitute ILUA applies, the parties must agree in writing that this agreement has expired, and subsequently notify the registrar that the agreement has expired.

Native Title Provisions:

The ILUA is the parties' agreement regarding the native title rights in the agreement area.

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) apply to this agreement.

The non-extinguishment principle applies to this agreement, such that any acts done in accordance with this agreement do not extinguish the native title rights and interests in the agreement area.

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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