Birriah People and Castle Hill Exotics Pty Ltd Indigenous Land Use Agreement (ILUA)

Registered with the National Native Title Tribunal ('NNTT') on the Register of Indigenous Land Use Agreements on 10 March 2017. This is an authorised area agreement under the Native Title Act 1993 (Cth).

The Birriah People and Castle Hill Exotics Pty Ltd Indigenous Land Use Agreement ('ILUA') was agreed, under the provisions of the Native Title Act 1993 (Cth), between:

• Castle Hill Exotics Pty Ltd;
• the Birriah Aboriginal Corporation;
• Frank Fisher and others on their own behalf and on behalf of the Birriah People; and
• the State of Queensland acting through the Department of Natural Resources and Mines.

The agreement area covers about 417 hectares located between the Burkedin Falls Dam Road and the eastern foreshore of Lake Dalrymple, 5 km west of Burkedin Falls Dam.

The purpose of the agreement is to provide consent for the extinguishment of the Birriah People's native title over the agreement area.

The Native Title Representative Body ('NTRB') for this area is the North Queensland Land Council NTRB Aboriginal Corporation.

Agreement area:

The agreement area covers about 417 hectares located between the Burkedin Falls Dam Road and the eastern foreshore of Lake Dalrymple, 5 km west of Burkedin Falls Dam. The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 1 of the agreement, as all the land and waters in Lot 13 on MRY45, which is to be cancelled and replaced by Lots 1,2, and 3 on SP289533.

Commencement:

The agreement commenced on 9 November 2018 (the date it was signed by the last party). It was entered on to the Register of Indigenous Land Use Agreements on 10 March 2017.

Termination:

The agreement can be ended by the written agreement of the parties.

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 the surrender.

Extinguishment

The parties agree that the Birriah People's surrender of their native title rights and interests is intended to extinguish those rights and interests over the agreement area. However, the non-extinguishment principle doe apply to the Balance Area (see Schedule 1 of the agreement attached below).

Future act provisions

The parties agree that the surrender of the Birriah People's native title over the area takes effect upon the registration of the agreement. The parties also consent to the validation of any agreed acts done invalidly by the State prior to registration.

Native Title in the Agreement Area

The agreement area is within the area of native title recognised in Miller on behalf of the Birriah People v State of Queensland (no 2) [2016] FCA 1434 (Birriah People Part B) (FCA file no.: QUD6244/1998; NNTT file no.: QCD2016/011).

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